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STATE  OF  NEW  YORK. 


PUBLIC  PAPERS 


OF 


FRANK  S.  BLACK 

GOVERNOR 

1897-   1898 


Two  VOLUMES  IN  ONE 


VOL.  I 


ALBANY 
PRESS  OF  BRAN  DOW  PRINTING  CO. 

1898 


urn. 


PUBLIC  PAPERS 


OF 


GOVERNOR    BLACK 

1897 


DESIGNATION  OF  JUSTICE  GOODRICH  AS 
PRESIDING  JUSTICE  OF  THE  APPELLATE 
DIVISION  FOR  THE  SECOND  DEPARTMENT 

STATE  OF  NEW  YORK 

Executive  Chamber 

In  accordance  with  section  two  of  article  six  of  the 
Constitution  and  the  statute  in  such  case  made  and  pro- 
vided, the 

Honorable  WILLIAM  W.  GOODRICH 

of  the  city  of  Brooklyn,  a  Justice  of  the  Supreme  Court 
of  the  Second  Judicial  District,  is  hereby  designated  as  a 
Justice  of  the  Appellate  Division  of  the  Supreme  Court 
in  and  for  the  Second  Judicial  Department  and  as  Pre- 
siding Justice  thereof  for  the  term  ending  December 
thirty-first  1903. 

Given  under  my  hand  and  the  Privy  Seal  of  the 

[L  s]  State  at  the  Capitol  in  the  city  of  Albany  this 

second  day  of  January  in  the  year  of  our  Lord 

one  thousand  eight  hundred  and  ninety-seven. 

FRANK  S.  BLACK 
By  the  Governor: 

WILLIAM  M.  GRIFFITH 

Private  Secretary 


ASSIGNMENT  OF  RETIRED  JUSTICE  DYKMAN 
TO  DUTY  IN  THE  SUPREME  COURT 
STATE  OF  NEW  YORK 

Executive  Chamber 

Whereas  the  term  of  office  of  the  Honorable  Jackson  O. 
Dykman  as  Justice  of  the  Supreme  Court  in  and  for  the 
Second  Judicial  District  having  been  abridged  on  the 
3  ist  day  of  December  1896  by  the  limitation  of  age  pre- 
scribed by  section  12  of  article  VI  of  the  Constitution 
and  he  prior  to  said  date  having  served  ten  years  as  such 
Justice  and  having  thereby  become  entitled  to  receive 
the  compensation  established  by  law  for  the  remainder 
of  the  term  for  which  he  was  elected,  to  wit  until  the 
3  ist  day  of  December  1903,  which  said  compensation  is 
now  being  received  by  him;  and 

Whereas  he  having  consented  to  be  assigned  by  the 
Governor  to  any  duty  in  the  Supreme  Court  while  his 
compensation  is  so  continued;  and  it  appearing  to  my 
satisfaction  that  the  public  interest  requires  it; 

Therefore  By  virtue  of  the  power  conferred  upon  me  by 
section  12  of  article  VI  of  the  Constitution  and  upon 
filing  his  written  consent  thereto,  I  do  hereby  appoint  the 

Honorable  JACKSON  O.  DYKMAN 

to  any  duty  in  the  Supreme  Court  which  he  might  law- 
fully have  performed  if  his  term  of  office  had  not  been. 


ANNUAL  MESSAGE  5 

abridged  as  aforesaid,  for  and  during  the  term  ending 
December  31,  1897. 

Given  under  my  hand  and  the  Privy  Seal  of  the 

[L  s]  State  at  the  Capitol  in  the  city  of  Albany  this 

second  day  of  January  in  the  year  of  our  Lord 

one  thousand  eight  hundred  and  ninety-seven. 

FRANK  S.  BLACK 
By  the  Governor: 

WILLIAM  M.  GRIFFITH 

Private  Secretary 


ANNUAL  MESSAGE 

STATE  OF  NEW  YORK 

Executive  Chamber 

Albany,  January  6,   1897 
To  THE  LEGISLATURE: 

The  message  of  the  Governor  is  a  constitutional  re- 
quirement, and  the  facts  and  recommendations  herein 
submitted  are  in  compliance  therewith. 

FINANCIAL  CONDITION 

The  finances  of  the  State  are  satisfactory  in  spite  of  the 
hard  times.  The  total  valuation  of  property  is  $4,368,- 
712,903.  The  State  tax  for  the  fiscal  year  is  $11,751,- 
837.71,  and  the  total  funded  debt  was  on  September  30, 
$2,320.660.  The  revenues  received  during  the  last  year 
from  corporations,  inheritance  tax  and  the  Raines  Liquor 


6  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

Law  were  $8,030,228.66,  the  liquor  law  alone  yielding 
$3,564,014.98.  Notwithstanding  this  prosperous  con- 
dition, every  reasonable  endeavor  should  be  made  to  put 
the  rate  of  taxation  lower.  The  large  expenses  now 
practically  fixed,  including  charities,  the  school  system, 
the  canals,  the  capitol,  and  aggregating  nearly  thirteen 
millions  of  dollars  a  year,  render  a  satisfactory  rate  im- 
possible, but  the  present  depression  and  the  uncertainties 
of  the  future  demand  the  most  exact  scrutiny  compatible 
with  the  magnitude  and  importance  of  our  enterprises. 
The  plan  of  appropriations,  it  seems  to  me,  could  be  im- 
proved. That  now  followed  permits  money  to  be  voted 
at  any  time  during  the  session  of  the  Legislature,  with  no 
recommendation  or  backing  except  one  or  more  members 
whose  activity  and  desires  may  be  strong  enough  to  work 
it  through  the  two  Houses.  This  method  may,  and  I 
understand  does,  result  in  appropriations  for  special  pur- 
poses which  are  covered  by  general  appropriations  made 
later.  In  my  judgment  the  wisdom  of  an  expenditure 
should  have  some  other  demonstration  than  the  zeal  of  a 
member  for  his  own  projects  or  locality.  Appropriations 
for  the  national  government  are  made  upon  estimates 
provided  by  the  different  departments,  thus  providing  the 
sanction  and,  to  some  extent,  the  responsibility  of  those 
departments  for  the  required  outlay.  A  department 
should  know  its  own  needs  and  all  matters  properly 
within  it  should  be  cared  for  upon  its  estimate,  accom- 


ANNUAL  MESSAGE  7 

panied  by  a  report  showing  their  necessity.  This  method 
would  in  some  measure  fix  the  responsibility  and  would 
be,  if  not  a  safeguard,  at  least  a  check. 

THE  PRISONS 

Few  subjects  are  of  more  importance  than  the  treat- 
ment of  criminals.  Imprisonment  is  not  alone  for  punish- 
ment, but  for  the  safety  of  society  and  the  reformation 
of  the  criminal.  The  last  purpose  can  be  accomplished 
only  by  the  steady  employment  of  the  convict.  Idleness 
imprisoned  would  result  always  in  degradation,  and  the 
hope  of  reformation  would  be  destroyed.  Even  if  the 
welfare  of  the  criminal  were  out  of  the  question,  society 
itself  can  not  afford  the  blemish  that  would  be  put  upon 
it  by  enforcing  a  degradation  deeper  than  that  resulting 
from  imprisonment.  Work  must  be  provided  and  at  once. 
The  constitutional  provision  respecting  prison-made 
goods  increases  the  difficulty  of  providing  it.  There  are 
nearly  20,000  persons  in  our  hospitals  and  charitable  in- 
stitutions. The  needs  of  these  inmates  should  be  met  as 
far  as  practicable  by  the  work  of  the  criminal  class,  and 
if  necessary  in  order  to  increase  the  opportunity  for  labor, 
the  use  of  machinery  should  be  dispensed  with;  for  the 
saving  of  money  is  no  part  of  the  problem  until  the  prod- 
uct of  the  criminal  class  falls  below  the  reasonable  wants 
of  all  the  inmates  of  the  State  institutions.  It  is  purely 
a  question  of  State  policy  which  broadens  into  a  question 
of  safety  and  morals.  This  subject  might  be  relieved  by 


8  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

a  system  of  industrial  training,  which  in  addition  to  the 
product  made  would  afford  an  occupation  upon  which 
the  convict  when  released  might  rely. 

The  employment  of  short-term  convicts  in  the  making 
or  improvement  of  roads  may  not  be  impracticable,  and 
the  consideration  of  a  plan  having  that  end  in  view  may 
now  well  occupy  your  attention.  The  suggestions  made 
in  the  report  of  the  State  prisons  commission  have  been 
carefully  prepared,  and  I  commend  those  suggestions. 
The  subject  is  urgent  and  its  consideration  should  not  be 
postponed.  Its  difficulty  will  be  constantly  increased  by 
delay,  for  without  employment  the  retrogression  of  our 
criminals  will  be  marked  and  inevitable. 

BANKING 

The  past  year  has  been  marked  by  many  disastrous 
business  failures,  and  yet  out  of  215  banks  of  deposit  and 
discount,  only  two  have  failed  and  four  have  gone  into 
voluntary  liquidation.  This  record  made  in  a  year  of  un- 
precedented stress,  when  the  resources  of  the  banks  them- 
selves have  fallen  off  over  thirty  millions  of  dollars, 
demonstrates  their  stability.  Our  savings  banks  are  and 
have  long  been  a  source  of  pride  and  encouragement. 
They  are  the  depositaries  of  the  savings  of  the  thrifty  and 
industrious.  Their  history  marks  with  greater  accuracy 
than  any  other  sign  the  tendency  of  affairs  among  the 
comparatively  poor.  Their  gain  for  years  has  been  won- 


ANNUAL  MESSAGE  g 

derful  and  steady,  but  the  increase  in  deposits  for  the  past 
year  of  over  forty-six  millions  of  dollars,  raising  the  total 
to  the  marvelous  sum  of  seven  hundred  and  fifteen  mil- 
lions, shows  that  the  pluck  and  energy  of  the  working 
class  are  too  strong  to  be  overcome  by  an  adverse  current. 
The  administration  of  these  banks  must  be  careful  and 
wise  and  their  investments  safe. 

The  building  and  loan  associations,  of  which  more  than 
four  hundred  are  now  in  existence  with  a  capital  of  fifty 
millions  of  dollars,  may  be  productive  of  substantial  gain. 
They  are  entitled  to  just  and  considerate  legislation,  but 
nothing  should  be  omitted  to  make  their  management 
economical  and  sound. 

INSURANCE 

The  report  of  the  Superintendent  of  Insurance  indicates 
that  all  companies  doing  business  in  this  State,  with  one 
or  two  exceptions,  are  sound.  If  any  legislation  could 
lessen  the  number  of  weak  companies  it  should  be  passed, 
for  a  company  that  is  not  likely  to  fulfill  its  contracts 
should  not  be  allowed  to  make  them. 

LABOR 

Every  year  the  so-called  labor  question  grows  more 
important,  and  the  need  of  its  proper  solution  more  im- 
perative. The  Board  of  Mediation  and  Arbitration,  the 
Factory  Inspector,  and  the  Bureau  of  Labor  Statistics 


IO  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

are  of  considerable  value.  Their  work  is  in  the  right  di- 
rection, but  they  are  still  far  short  of  the  requirements 
which  the  growing  and  enormous  interests  of  the  laboring 
people  in  this  country  have  created.  There  is  no  natural 
antagonism  between  labor  and  capital.  They  are  the 
same.  Capital  is  nothing  but  labor  turned  into  money. 
A  man  who  quarrels  with  the  accumulations  of  his  neigh- 
bor, discourages  the  thrift  and  economy  of  which  he  him- 
self ought  to  be  an  example.  He  makes  war  upon  the 
very  condition  which  he  hopes  some  time  to  attain. 
Those  who  create  and  foster  discontent  in  the  mind  of  the 
laborer  are  not  his  friends.  The  largest  opportunities  pos- 
sible to  the  laboring  man  should  be  provided.  The  largest 
wages  consistent  with  the  rights  of  the  employer  should 
be  paid,  and  different  persons  performing  the  same  work, 
even  though  some  of  them  be  women,  should  receive  the 
same  compensation.  These  results  are  more  likely  to  occur 
through  reason  and  mutual  acquaintance  than  through 
rebellion.  Tolerance  is  the  first  requisite  of  amicable  re- 
lations, and  this  will  arise  when  the  employer  and  the 
laborer  understand  each  other.  Some  plan  should  be  de- 
vised which  would  afford  to  each,  such  information  of  the 
other  as  will  form  a  basis  for  the  friendly  adjustment  of 
differences  between  them.  No  such  plan  now  exists  here, 
and  the  result  is  the  appalling  loss  of  wages  and  property 
which  is  so  often  seen  when  the  rights  of  the  employer 
and  laborer  clash.  The  plan  known  as  the  University 
Extension  has  been  tried  in  England,  and  is  said  by  many 


ANNUAL  MESSAGE  n 

to  have  produced  satisfactory  results.  It  is  the  investiga- 
tion by  careful,  intelligent  and  conscientious  men  into  the 
affairs  of  the  laboring  people,  and  their  relations  to  their 
employers.  Its  tendency  and  purpose  is  to  give  and  to 
get  information,  and  by  seeing  both  sides,  prevent  the 
conflict  which  a  view  of  only  one  might  produce.  The 
work  of  the  Commission  of  Mediation  and  Arbitration 
does  not  meet  the  need  described.  It  is  designed  rather 
to  settle  disputes  than  to  prevent  them,  and  while  it  may 
be  effective  in  producing  such  settlement,  the  damage  has 
already  been  done. 

Whether  or  not  the  scheme  of  the  University  Extension 
is  feasible,  it  at  least  affords  a  suggestion  along  lines 
which  must  at  some  time  be  pursued.  I  commend  this 
subject  to  the  Legislature  for  that  careful  consideration 
which  the  great  need  of  all  our  people  in  this  direction 
demands  for  it. 

THE  NATIONAL  GUARD 

The  National  Guard  of  the  State,  including  the  Naval 
Militia,  consists  of  about  fourteen  thousand  men.  The 
Naval  Militia  has  come  to  be  an  important  arm  of  the 
service,  but  the  equipment  for  practical  training  is  in- 
adequate. I  suggest  that  you  consider  the  subject  of 
building  a  State  cruiser  upon  which  the  Naval  Militia 
might  receive  such  actual  training  as  is  provided  the 
guard  in  the  camp  at  Peekskill.  The  discipline  and  effi- 
ciency of  the  National  Guard  are  high,  and  actuated  by  a 


12  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

desire  to  maintain  this  condition,  I  suggest  to  the  Legis- 
lature the  wisdom  of  putting  this  body  upon  a  footing 
where  its  chief  executive  officer  is  not  likely  to  be  changed 
at  every  political  election.  This  officer  ought  not  to  be 
subject  to  political  control,  and  the  frequent  changes 
alluded  to  must  have  a  disheartening  effect  upon  the 
members  of  the  National  Guard  and  impair  its  high 
standard  of  service.  This  suggestion,  if  agreeable  to  the 
Constitution,  might  well  extend  to  the  whole  of  the 
Governor's  staff,  for  it  is  certain  that  the  National  Guard 
would  be  served  quite  as-  well  by  officers  with  a  more 
permanent  tenure,  and  it  is  equally  certain  that  the  lustre 
shed  upon  the  Governor  by  his  staff  might  be  dispensed 
with  without  loss  of  his  dignity  or  danger  to  the  State. 

RAILROADS 

The  railroad  companies  of  the  State  have,  with  every 
other  industry,  felt  the  blight  of  the  last  year.  Their  con- 
dition however  is  still  fairly  prosperous.  But  little  legis- 
lation is  necessary  upon  this  subject,  but  the  frequency 
of  accidents  at  railroad  crossings  has  rendered  necessary 
some  means  to  prevent  them.  The  method  of  reaching 
this  result  is  not  clear.  The  serious  menace  that  sur- 
rounds all  travelers  where  highways  and  railroads  cross 
upon  the  same  plane,  would  justify  an  inquiry  by  the 
Legislature  through  a  commission  or  otherwise,  as  to  the 
proper  disposition  of  this  question. 


ANNUAL  MESSAGE  13 

AGRICULTURE 

No  class  does  more  work  for  small  pay  than  farmers. 
No  class  renders  greater  service  to  the  community  at 
large  or  more  completely  meets  the  requirements  of  sub- 
stantial citizenship.  Their  interests  and  occupation  un- 
derlie the  prosperity  of  the  whole  people.  Any  just 
legislation  should  be  favored  which  would  lighten  the  un- 
usually hard  condition  under  which  they  have  suffered 
for  the  past  few  years.  The  establishment  of  a  commis- 
sion of  agriculture  was  in  the  interest  of  the  farmer  and 
its  work  has  been  well  done,  but  I  understand  that  in- 
adequate appropriations  have  prevented  that  accomplish- 
ment along  certain  lines  which  might  be  reasonably 
assisted.  The  proper  application  of  the  oleomargarine 
law  and  punishment  for  its  violation  may  be  cited  as  one 
particular  in  which  lack  of  money  has  prevented  the  best 
results.  The  hard  times  now  upon  us  should  cause  a  care- 
ful scrutiny  of  every  expense,  but  times  can  not  be  hard 
enough  to  justify  withholding  appropriations  which  are 
necessary  to  maintain  the  law  and  to  protect  the  rights 
of  every  class. 

PUBLIC  HIGHWAYS 

The  means  of  obtaining  good  roads  has  been  discussed 
for  several  years,  and  is  worthy  of  the  most  careful  atten- 
tion. The  roads  of  this  State  are  not  what  they  ought  to 
be.  Their  rough  and  neglected  condition  in  many  in- 
stances has  been  the  cause  of  severe  but  just  condemna- 


14  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

tion.  Many  States  with  a  comparatively  small  percentage 
of  the  wealth  and  population  of  New  York,  far  surpass  us 
in  the  construction  and  maintenance  of  roads.  The  need 
for  improvement  is  apparent,  and  the  initial  steps  can 
not  be  taken  too  soon  to  place  our  highways  in  a  con- 
dition suitable  to  our  wealth  and  population,  and  to 
remove  a  long  continued  and  merited  reproach. 

THE  CAPITOL 

This  subject  may  well  be  approached  with  reluctance. 
It  is  about  30  years  since  the  building  was  started,  and 
over  twenty-two  millions  of  dollars  have  been  appro- 
priated and  spent  or  sunk.  It  has  dragged  itself  through 
nearly  a  third  of  a  century,  always  clamoring  for  money, 
until  the  people  have  nearly  despaired  of  its  completion 
and  have  come  to  regard  it  as  an  affliction  from  which 
time  affords  but  little  hope  of  relief.  If  an  individual  or  a 
corporation  had  managed  an  undertaking  as  this  has  been 
managed,  they  would  have  been  discredited  years  ago. 
We  have  now  reached  a  point  where  the  parts  first  con- 
structed are  in  need  of  repairs,  while  other  parts  of  the 
same  building  are  unfinished.  Other  structures  of  enor- 
mous size  and  expense  and  of  unequaled  magnificence  have 
been  constructed  in  many  places,  begun  years  after  the 
capitol  was  commenced  and  completed  long  ago.  This 
building  ought  to  be  finished  at  once.  The  work  should 
be  clone  by  contract,  and  sufficient  money  appropriated 


ANNUAL  MESSAGE  15 

to  pay  for  it.  The  State  needs  the  structure  for  its  uses, 
but  it  needs  still  more  to  escape  the  scandal  of  a  building 
of  enormous  cost  and  unparalleled  extravagance  under- 
going at  the  same  time  the  process  of  construction  at  one 
end  and  decay  at  the  other. 

CANALS 

The  improvements  to  be  made  on  the  canals  under  the 
"  Nine  Million  Dollar  Act  "  are  likely  to  be  justified  by 
the  result.  They  will  retain  the  advantages  secured  to  us 
by  nature  and  previous  expenditures.  The  progress  so 
far  appears  satisfactory,  and  the  work  should  be  prose- 
cuted with  the  utmost  energy  in  order  that  the  money 
provided  may  not  be  consumed  in  the  usual  experience  of 
commissions  and  examining  boards  and  supernumer- 
aries under  different  titles,  and  also  that  the  benefits 
contemplated  may  be  speedily  enjoyed. 

THE  INSANE 

This  most  unfortunate  of  the  dependent  classes  has 
been  transferred  to  the  care  of  the  State  under  the  act  of 
1890.  Xew  York  is  the  first  State  to  establish  a  broad 
and  comprehensive  system  wrhich  yields  the  greatest  bene- 
fits at  the  least  cost.  The  system  is  now  complete  and  its 
operation  shows  that  the  central  supervision  of  expen- 
ditures makes  a  large  annual  saving  over  the  old  system  of 
local  administration.  It  places  the  welfare  of  the  State 
above  the  interest  of  localities.  The  policy  of  recent 


1 6  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

legislatures  should  be  continued.  The  annual  report  of 
the  State  Commission  in  Lunacy  is  commended  for  its 
statement  of  those  matters  which  can  not  be  reviewed  at 
length  here.  An  important  addition  is  the  Pathological 
Institute,  which  harmonizes  the  scientific  work  of  the 
several  hospitals  and  increases  their  efficiency.  The  in- 
crease in  the  number  of  insane  is  less  than  in  former  years, 
due  probably  to  the  revision  by  the  Legislature  of  the 
insanity  laws.  This  is  said  not  to  have  worked  detriment- 
ally, for  every  proper  case  has  been  received  and  treated. 
The  transfer  of  New  York  county  to  the  State  system 
with  a  lack  of  accommodation  for  the  insane  and  the 
necessity  for  disproportionate  construction  during  the 
ensuing  year,  creates  an  unusual  condition  which  should 
be  provided  for. 

The  care  of  these  unfortunate  persons  should  be  upon 
the  broadest  and  most  humane  lines  which  the  most  en- 
lightened minds  can  devise.  The  institutions  of  this  State 
for  the  care  of  the  insane  are  I  believe  conducted  with 
patience  and  skill,  and  some  which  I  have  visited  I  know 
to  be  worthy  of  the  highest  praise.  Economy,  desirable 
in  every  direction,  should  in  this  be  tempered  with 
generosity. 

PUBLIC  SCHOOLS 

The  magnitude  of  our  school  system  is  partially  ex- 
pressed in  its  cost  during  the  past  year,  which  has  been 
over  twenty-four  millions  of  dollars.  More  than  27,000 


ANNUAL  MESSAGE  17 

teachers  have  been  employed,  and  more  than  1,283,000 
pupils  instructed.  The  attendance  during  the  past  year 
has  increased,  probably  as  an  effect  of  the  Compulsory 
School  Law,  but  there  are  still  over  368,000  children  who 
do  not  attend  school.  The  number  last  stated  is  too  large 
for  the  safety  of  the  State.  Their  education  should,  in 
some  way,  be  cared  for.  Facilities  should  be  provided  for 
those  who  are  willing  to  attend,  and  compulsory  institu- 
tions established  for  those  who  are  not.  A  reformatory 
is  not  a  proper  place  for  a  child  not  in  need  of  reformation, 
but  under  the  present  law  such  reformatory  seems  to  be 
the  only  place  provided.  A  system  of  truant  schools 
might  be  considered  for  those  whose  attendance  is  com- 
pulsory, and  for  those  whose  failure  to  attend  is  due  solely 
to  absence  of  opportunity  the  Legislature  should  strive  to 
provide  some  means  of  attendance. 

EXCISE  LAW 

The  operation  of  the  present  excise  law  has  been  in 
many  respects  satisfactory.  The  revenue  received  from  it 
from  May  ist  to  November  2Oth  was  $11,000,083,  more 
than  twice  as  much  as  the  receipts  for  licenses  during  the 
entire  year  of  1895.  It  has  caused  a  large  decrease  in  the 
number  of  saloons,  and  the  expense  of  running  the  excise 
department  is  less  than  that  of  running  the  old  excise 
boards.  The  law  can  however  be  improved,  and  that  im- 
provement should  be  among  the  first  duties  of  this  Legis- 
lature. Some  of  the  amendments  needed  are  obvious  to 
2 


1 8  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

those  living  where  the  law  has  been  applied,  and  others 
are  apparent  to  those  who  have  given  the  subject  careful 
study.  Neither  class  of  amendments  can  be  recited  with 
any  profit  here,  but  all  changes  should  have  in  view  the 
protection  of  those  who  have  in  good  faith  attempted  to 
obey  the  law  and  the  prevention  of  those  who,  by  subter- 
fuge or  direct  violation,  have  attempted  to  evade  it. 

CIVIL  SERVICE 

This  subject  has  been  much  discussed,  generally  ex- 
aggerated, and  has  provided  capital  to  many  who  would 
otherwise  be  bankrupt.  The  value  of  practical  civil 
service  is  beyond  question.  Its  importance  was  recog- 
nized by  the  last  constitutional  convention,  and  its  place 
is  now  fixed  in  the  fundamental  law  of  the  State.  But  the 
work  of  the  Legislature  is  necessary  to  render  effective 
the  provisions  of  the  Constitution.  This  work  should  be 
done  promptly  and  in  good  faith,  not  with  reference  to 
ideas  so  delicate  as  to  be  worthless  in  actual  practice,  but 
with  a  view  solely  to  the  elevation  of  the  public  service 
and  the  highest  discharge  of  the  duties  of  every  public 
office.  Beauty  is  not  always  a  test  of  efficiency  and 
machinery  that  works  disastrously  is  worse  than  that  that 
will  not  work  at  all.  Every  means  must  be  adapted  to 
the  end  desired  and  in  my  judgment,  civil  service  will 
work  better  with  less  starch.  A  scheme  is  not  necessarily 
effective  or  high-toned  because  it  lacks  common  sense, 
and  they  are  not  necessarily  hostile  who  think  that  com- 


ANNUAL  MESSAGE  19 

mon  sense  would  improve  it.  An  examination  for  a  public 
place  should  be  suitable  to  the  kind  of  service  required, 
and  sufficient  margin  should  be  given  those  making  ap- 
pointments so  that  the  most  competent  help  can  be 
selected.  Experience,  character,  tact  and  even  muscle 
may  be  of  more  importance  in  some  cases  than  the  frac- 
tion of  one  per  cent,  in  an  examination  in  geography. 
The  discretion  of  the  appointing  power  should  not  be 
entirely  subordinated  to  the  marking  system.  If  an  ex- 
amination has  disclosed  the  fact  that  a  certain  number 
of  men  are  qualified  to  fill  a  given  position,  the  place 
would  be  more  likely  to  be  properly  filled  if  the  appointing 
officer  could  select  from  the  whole  number  so  qualified 
than  if  he  were  limited  to  a  quarter  of  that  number. 
Furthermore,  it  would  reduce  the  chances  of  injustice  to 
an  applicant  whose  qualifications,  on  the  whole,  were 
superior  to  those  of  his  competitor  who  had  outranked 
him  on  paper.  Civil  service  is  intended  to  secure  for  the 
public  at  a  reasonable  cost,  unquestioned  integrity  and  ap- 
proved skill,  enlarged  by  continuous  service,  and  not  to 
exploit  any  particular  idea.  This  intention  should  be 
carried  out  by  the  Legislature  and  will  meet  with  prompt 
executive  approval. 

FORESTS 

A  question  too  long  neglected  is  the  preservation  of 
our  forests.  The  State,  either  through  indifference  or 
false  economy,  has  been  stripped  of  its  most  valuable 
timber  lands,  allowed  its  water  supply  to  be  seriously  im- 


2O  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

paired  and  the  most  wonderful  sanitorium  in  the  world  to 
be  defaced  and  partially  destroyed.  Every  element  of 
economy  and  foresight  is  outraged  by  this  course.  Private 
individuals  have  taken  advantage  of  the  State's  neglect 
until  of  the  entire  Adirondack  region,  consisting  of  more 
than  three  and  a  half  million  acres,  the  State  owns  eight 
hundred  and  forty-one  thousand,  less  than  a  quarter,  and 
of  the  proposed  Adirondack  park  of  two  million  eight 
hundred  thousand  acres,  it  owns  even  a  smaller  percent- 
age, about  six  hundred  and  sixty-one  thousand  acres.  Of 
this  proposed  park  more  than  eight  hundred  and  eighty 
thousand  acres  are  held  as  private  preserves,  and  more 
than  a  million  and  a  quarter  acres  by  lumbermen  and 
others,  so  that  of  the  proposed  total  area  of  two  million 
eight  hundred  thousand  acres,  more  than  two  millions  are 
owned  by  private  individuals.  More  than  a  million  and 
a  quarter  of  the  two  millions  so  owned,  are  now  subject 
to  fire  and  axe,  and  the  devastation  wrought  yearly  is 
appalling  and  disgraceful.  More  than  450,000,000  feet  of 
\vood  and  timber  are  cut,  and  more  than  one  hundred 
thousand  acres  stripped,  every  year.  This  work  of  de- 
vastation is  progressing  fast.  The  banks  of  the  lakes  and 
rivers  and  all  sections  accessible  from  either,  are  ravaged 
at  such  a  pace  that  but  few  years  more  can  elapse  before 
that  region,  in  many  respects  the  most  wonderful  and 
valuable  in  the  world,  will  be  practically  destroyed.  The 
parts  acquired  or  claimed  by  individuals  are  the  best.  A 
traveler  through  any  desirable  portion  of  that  country  is 
sure  to  be  met  with  the  charge  of  trespassing,  for  the 


ANNUAL  MESSAGE  21 

cases  are  rare  in  which  the  title  of  the  State  to  a  desirable 
tract  is  acknowledged.  Some  time  this  deplorable  con- 
dition must  be  rectified.  Every  year  the  loss  to  the  State 
grows  larger,  in  all  cases  difficult,  and  in  some  cases  im- 
possible, of  recovery.  The  land  is  steadily  and  rapidly 
increasing  in  value.  The  bogus  title  burrows  farther  out 
of  sight  the  longer  it  is  let  alone.  Witnesses  die,  and  the 
only  thing  sure  to  increase  is  the  encroachment  of  indi- 
viduals upon  the  domain  of  the  State.  The  enlargement 
of  the  canals  will  require  more  water  and  the  demand  in 
every  direction  is  increasing  while  the  supply  is  steadily 
falling  off.  A  subject  of  such  magnitude  should  not  be 
postponed  nor  conducted  with  the  halting  method  which 
is  too  apt  to  distinguish  public  enterprises  in  which  large 
appropriations  afford 'convenient  resting  places  in  which 
office  holders  may  grow  old.  Not  long  ago  the  State  ap- 
propriated a  million  dollars  to  preserve  the  beauties  of 
Niagara  Falls.  That  subject  is  without  significance  com- 
pared to  the  Adirondack  forests.  Every  consideration  of 
health,  pleasure,  economy  and  safety  urge  the  speedy  con- 
sideration of  this  subject,  and  such  consideration  should 
include  appropriations  adequate  to  ascertain  the  nature 
of  the  titles  adverse  to  the  State,  and  to  recover  where 
the  titles  are  insufficient  and  to  purchase  where  they  are 
valid.  Any  other  course  would  be  false  and  unwise 

economy. 

GREATER  NEW  YORK 

No  legislation  passed  this  session  will  involve  greater 
responsibilities  or  be  more  far  reaching  in  its  effect  than 


22  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

that  relating  to  the  communities  to  be  embraced  in  the 
city  of  New  York.  This  subject  does  not  concern  us 
alone,  for  the  extent  of  its  influence  it  is  not  safe  to  pre- 
dict. Conditions  have  arisen  more  than  once  in  which  an 
entire  National  policy  has  depended  upon  this  State. 
Wlien  questions  of  such  moment  become  thus  dependent, 
the  position  of  the  city  of  New  York  is  commanding  and 
may  be  decisive.  Every  move  upon  this  subject  should 
result  from  the  utmost  caution  and  study.  I  have  entire 
confidence  in  the  wisdom  of  the  commission  in  whose 
hands  the  work  has  thus  far  rested,  and  whatever  the 
Legislature  may  do  to  complete  or  supplement  that  work 
will  I  trust  be  done  under  a  sense  of  the  profoundest 
responsibility. 

BIENNIAL  SESSIONS 

In  many  States  the  Legislature  convenes  once  in  two 
years,  and  wherever  that  practice  prevails  I  understand 
there  is  no  disposition  to  return  to  the  yearly  meeting. 
This  is  a  large  State  and  its  interests  are  enormous  and 
diverse,  but  these  do  not  justify  or  even  excuse  the  large 
number  of  confusing,  expensive  and  unnecessary  laws 
passed  at  every  session.  They  serve  no  proper  purpose 
whatever,  and  their  tendency  is  to  unsettle  and  mislead, 
even  if  they  contain  nothing  more  objectionable.  The 
legitimate  needs  of  this  State  can  be  provided  for  in  a 
shorter  time  than  is  generally  consumed,  and  the  chief 
hope  arising  from  protracted  sessions  and  the  passage  of 
unnecessary  laws  is  that  the  people  may  in  their  next  Con- 


EXTRAORDINARY  TRIAL  TERM  23 

stitution  conclude  to  correct  both  with  biennial  sessions. 
I  should  be  glad  if  no  act  should  be  passed  not  of  pro- 
nounced utility   or  to   meet   some   urgent    public   need. 
This  would  make  possible  an  early  adjournment,  for  which 

the  people  are  always  grateful. 

FRANK  S.  BLACK 


APPOINTMENT  OF  AN  EXTRAORDINARY 
TRIAL  TERM  AT  LONG  ISLAND  CITY  AND 
DESIGNATION  OF  JUSTICE  DYKMAN 

THERETO 

STATE  OF  NEW  YORK 

Executive  Chamber 

IT  APPEARING  to  my  satisfaction  that  the  public  interest 
requires  it, 

Therefore  in  accordance  with  the  statute  in  such  case 
made  and  provided  I  do  hereby  appoint  an  Extraordinary 
Trial  Term  of  the  Supreme  Court  to  be  held  at  the  court- 
house in  Long  Island  City  and  county  of  Queens  on 
Monday  the  fifteenth  day  of  February  next  at  eleven 
o'clock  in  the  forenoon  of  that  day  and  to  continue  so 
long  as  may  be  necessary  for  the  disposal  of  the  business 
that  may  be  brought  before  it;  and 

Whereas  the  term  of  office  of  the  Honorable  Jackson  O. 
Dykman  as  justice  of  the  Supreme  Court  in  and  for  the 
Second  Judicial  District  having  been  abridged  on  the  3ist 
day  of  December  last  by  the  limitation  of  age  prescribed 
by  section  12  of  article  VI  of  the  Constitution  and  he 


24  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

having  thereby  become  entitled  to  continue  to  receive  for 
the  remainder  of  the  term  for  which  he  was  elected,  to 
wit  until  the  3ist  day  of  December  1903,  the  compensa- 
tion established  by  law,  and  which  compensation  is  now 
being  received  by  him;  and 

Whereas  he  having  consented  to  be  assigned  by  the 
Governor  to  the  duty  in  the  Supreme  Court  which  is 
herein  specified; 

Therefore  by  virtue  of  the  power  conferred  upon  me  by 
section  12  of  article  VI  of  the  Constitution  and  upon  the 
filing  of  his  written  consent  to  such  designation,  I  do 
hereby  designate  the 

Honorable  JACKSON  O.  DYKMAN 

to  hold  the  said  Extraordinary  Trial  Term  of  the  Supreme 
Court  above  appointed;  and 

/  do  further  direct  that  notice  of  the  appointment  afore- 
said be  given  by  publication  of  this  order  once  on  or 
before  the  tenth  day  of  February  1897  in  the  Jamaica 
Standard  and  Brooklyn  Standard-Union  newspapers. 

Given  under  my  hand  and  the  Privy  Seal  of  the 
[L  s]  State  at  the  Capitol  in  the  city  of  Albany  this 

twentieth  day  of  January  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  ninety- 
seven. 

FRANK  S.  BLACK 
By  the  Governor: 

WILLIAM  M.  GRIFFITH 

Private  Secretary 


DESIGNATION  OF  JUSTICE  BARNARD.  25 

DESIGNATION     OF     JUSTICE     BARNARD     TO 
HOLD    THE    TRIAL    TERM    IN    THE    FIRST 

DISTRICT 

STATE  OF  NEW  YORK 

Executive   Chamber 

Whereas  The  term  of  office  of  the  Honorable  Joseph 
F.  Barnard  as  justice  of  the  Supreme  Court  in  and  for 
the  Second  Judicial  District  having  been  abridged  by  the 
limitation  of  age  prescribed  by  section  12  of  article  VI  of 
the  Constitution  and  he  having  thereby  become  entitled 
to  receive  for  the  remainder  of  the  term  for  which  he  was 
elected,  to  wit  until  the  3ist  day  of  December  in  the  year 
1899,  the  compensation  established  by  law  and  which 
compensation  is  now  being  received  by  him;  and 

Whereas  He  having  consented  to  be  assigned  to  the 
duty  in  the  Supreme  Court  which  is  hereinafter  specified 
and  it  appearing  to  my  satisfaction  that  the  public  in- 
terest requires  it; 

Therefore  By  virtue  of  the  power  conferred  upon  me  by 
section  12  of  article  VI  of  the  Constitution  and  upon  the 
filing  of  his  written  consent  to  such  assignment,  I  do 
hereby  assign  the 

Honorable  JOSEPH  F.  BARNARD 

to  preside  at   and  hold  trial  term,   part   twelve,   of  the 
Supreme   Court    in   the   First   Judicial    District    for   the 


26  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

February  term  in  the  year  1897,  and  to  perform  all  the 
duties  of  a  justice  presiding  at  such  term. 

Given  under  my  hand  and  the  Privy  Seal  of  the 
State  at  the  Capitol  in  the  city  of  Albany  this 
[L  s]  twenty-first  day  of  January  in  the  year  of  our 

Lord  one  thousand  eight  hundred  and  ninety- 
seven. 

FRANK  S.  BLACK 
By  the  Governor: 

WILLIAM  M.  GRIFFITH 

Private  Secretary 


CERTIFICATE  OF  ELECTION  OF  SENATOR 
THOMAS  C.  PLATT 

STATE  OF  NEW  YORK 

Executive   Chamber 
To  THE  PRESIDENT  OF  THE  SENATE  OF  THE  UNITED  STATES, 

GREETING: 

In  obedience  to  the  statute  of  the  United  States  the 
Executive  of  the*  State  of  New  York  certifies  that 

THOMAS  COLLIER  PLATT 

an  inhabitant  of  said  State  and  of  the  age  of  thirty  years 
and  upward  and  who  had  been  nine  years  a  citizen  of  the 
United  States,  was  by  the  concurrent  vote  of  the  two 
branches  of  the  Legislature  of  the  State  of  New  York 
on  the  twentieth  day  of  January,  1897,  duly  elected  in 


MATTER  OF  DISTRICT  ATTORNEY  BACKUS  27 

conformity  with  the  provisions  of  the  Constitution  and 
the  laws  of  the  United  States  a  Senator  to  represent  the 
State  of  New  York  in  the  Senate  of  the  United  States 
for  the  term  of  six  years  commencing  on  the  fourth  day 
of  March,  1897. 

Given  under  my  hand  and  the  Great  Seal  of  the 
State  of  New  York  at  the  Capitol  in  the  city 
[L  s]  of  Albany  this  nineteenth  day  of  February  in 

the  year  of  our  Lord  one  thousand  eight  hun- 
dred and  ninety-seven. 

FRANK  S.  BLACK 
By  the  Governor: 

JOHN  PALMER 

Secretary  of  State. 


MATTER  OF  DISTRICT  ATTORNEY  BACKUS  — 
NOTICE  AND  SUMMONS 

STATE  OF  NEW  YORK 

Executive   Chamber 

In  the  matter  of  the  charges  preferred  against  FOSTER  L. 
BACKUS  the  district  attorney  of  the  county  of  Kings  —  Notice 
of  charges  and  summons. 

To  FOSTER  L.  BACKUS  the  district  attorney  of  the  county  of 

Kings: 

You  are  hereby  notified  that  charges  of  neglect  of  duty 
in  office  have  been  preferred  against  you  by  Thomas  C. 


28  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

Jenks  of  the  city  of  New  York  and  a  copy  of  said  charges 
is  herewith  served  upon  you. 

You  are  therefore  required  to  show  cause  why  you 
.should  not  be  removed  from  the  office  of  district  attorney 
of  the  county  of  Kings  and  to  answer  the  said  charges 
within  eight  days  after  service  of  this  order  and  a  copy 
of  said  charges  upon  you. 

In  witness  whereof  I  have  signed  my  name  and 

affixed  the    Privy   Seal    of    the    State   at    the 

[L  s]  Capitol  in  the  City  of  Albany  this  twentieth 

day  of  February  in  the  year  of  our  Lord  one 

thousand  eight  hundred  and  ninety-seven. 

FRANK  S.  BLACK 
By  the  Governor: 

WILLIAM  M.  GRIFFITH, 

Private  Secretary 


DESIGNATION  OF  JUSTICE  PARKER  TO  THE 
APPELLATE  DIVISION,  TEMPORARILY 

STATE  OF  NEW  YORK 

Executive   Chamber 

IT  APPEARING  to  my  satisfaction   that   the   public   in- 
terest requires  it, 

Therefore  in  accordance  with  the  Constitution  and  the 

statute  in   such   case  made  and  provided,    I   do   hereby 
designate  the 


DESIGNATION  OF  JUSTICE  PARKER  29 

Honorable  ALTON  B.  PARKER 

who  is  a  justice  of  the  Supreme  Court  in  and  for  the  third 
judicial  district  as  an  Associate  Justice  of  the  Appellate 
Division  of  the  Supreme  Court  for  the  First  Department 
to  sit  during  the  current  month  in  place  of  the  Honorable 
George  C.  Barrett  who  is  incapacitated  by  reason  of 
illness. 

Given  under  my  hand  and  the  Privy  Seal  of  the 

State  at  the  Capitol  in  the  City  of  Albany  this 

[L  s]  sixth  day  of  March  in  the  year  of  our  Lord 

one  thousand  eight  hundred  and  ninety-seven. 

FRANK  S.  BLACK 
By  the  Governor: 

WILLIAM  M.  GRIFFITH 

Private  Secretary 


DESIGNATION  OF  JUSTICE  PARKER  TO  THE 
APPELLATE  DIVISION,  TEMPORARILY 

STATE  OF  NEW  YORK 

Executive  Chamber 

IT  APPEARING  to  my  satisfaction  that  the  public  in- 
terest requires  it, 

Therefore  in  accordance  with  the  Constitution  and  the 
statute  in  such  case  made  and  provided,  I  do  hereby 
designate  the 


30  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

Honorable  ALTON  B.  PARKER 

who  is  a  justice  of  the  Supreme  Court  in  and  for  the  third 
judicial  district  as  an  Associate  Justice  of  the  Appellate 
Division  of  the  Supreme  Court  for  the  First  Department 
to  sit  during  the  month  of  April,  1897,  in  place  of  the 
Honorable  George  C.  Barrett  who  is  incapacitated  by 
reason  of  illness. 

Given  under  my  hand  and  the  Privy  Seal  of  the 

State  at  the  Capitol  in  the  city  of  Albany  this 
[L  s]  twenty-third  day  of  March  in  the  year  of  our 

Lord  one  thousand  eight  hundred  and  ninety^ 

seven. 

FRANK  S.  BLACK 
By  the  Governor: 

WILLIAM  M.  GRIFFITH 

Private  Secretary 


MESSAGE     TRANSMITTING     STATEMENT     OF 
PARDONS,  COMMUTATIONS  AND  RESPITES 
STATE  OF  NEW  YORK 

Executive  Chamber 

Albany,  March  25,   1897 
To  THE  LEGISLATURE: 

I  have  the  honor  to  transmit  herewith  a  statemem 
showing  the  pardons,  commutations  and  respites  granted 
by  my  predecessor  during  the  year  1896. 

FRANK  S.  BLACK 

[See  Public  Papers  of  Governor  Morton  for  such  state- 
ment.! 


CERTIFICATE  OF  NECESSITY  31 

CERTIFICATION  OF  THE  NECESSITY  OF  THE 
PASSAGE  OF  ASSEMBLY  BILL  INTRODUC- 
TORY No.  795  AMENDING  THE  EXCISE  LAW 

STATE  OF  NEW  YORK 

Executive  Chamber 
To  THE  LEGISLATURE: 

IT  APPEARING  to  my  satisfaction  that  the  public  in- 
terest requires  it, 

Therefore  in  accordance  with  the  provisions  of  section 
fifteen  of  article  three  of  the  Constitution  and  by  virtue  of 
the  authority  thereby  conferred  upon  me,  I  do  hereby 
certify  to  the  necessity  of  the  immediate  passage  of 
Senate  bill  introductory  number  795  entitled  "  An  act  to 
amend  chapter  one  hundred  and  twelve  of  the  laws  of 
eighteen  hundred  and  ninety-six,  entitled  '  An  act  in  re- 
lation to  the  traffic  in  liquors,  and  for  the  taxation  and 
regulation  of  the  same,  and  to  provide  for  local  option, 
constituting  chapter  twenty-nine  of  the  General  laws  '." 

Given  under  my  hand  and  the  Privy  Seal  of  the 
State  at  the  Capitol  in  the  city  of  Albany  this 
[L  s]  ninth  day  of  April  in  the  year  of  our  Lord  one 

thousand  eight  hundred  and  ninety-seven. 

FRANK  S.  BLACK 
By  the  Governor: 

WILLIAM  M.  GRIFFITH 

Private  Secretary 


32  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

VETO   OF  ASSEMBLY   BILL   No.   347   FOR  THE 
REMOVAL  OF  A  CANAL  BRIDGE  AT  SANDY 

HILL 

STATE  OF  NEW  YORK 

Executive  Chamber 

Albany,  April  15,  1897 
To  THE  ASSEMBLY: 

Assembly  bill  Number  347  entitled  "  An  act  authoriz- 
ing the  removal  of  the  wooden  bridge  over  the  Glens 
Falls  feeder  of  the  Champlain  canal  at  the  crossing  of 
Main  street  in  the  village  of  Sandy  Hill,  and  the  sub- 
stitution of  a  wrought  iron  or  steel  bridge,  and  making  an 
appropriation  therefor,"  is  herewith  returned  without 
approval. 

This  bill  authorizes  the  Superintendent  of  Public  Works 
to  remove  the  wooden  bridge  over  the  Glens  Falls  feeder 
of  the  Champlain  canal  in  the  village  of  Sandy  Hill  and 
to  erect  in  its  place  "  a  wrought  iron  or  steel  bridge  and 
to  make  such  changes,  alterations  and  additions  in  the 
abutments  as  may  be  required  for  the  convenient  use  of 
said  bridge  and  its  approaches  ".  The  sum  of  five  thou- 
sand dollars  is  appropriated  for  this  purpose. 

I  am  advised  that  the  wooden  bridge  referred  to  in  this 
bill  is  now  in  fair  condition;  that  the  erection  of  an  iron 
bridge  in  its  place  is  not  a  matter  of  immediate  public 
necessity,  and  that  there  is  no  urgency  which  requires 
an  expenditure  for  a  new  bridge  at  this  time. 

For  these  reasons  I  think  this  bill  should  not  receive 

Executive  approval. 

FRANK  S.  BLACK 


CERTIFICATE  OF  NECESSITY.  33 

CERTIFICATION  OF  THE  NECESSITY  OF  THE 
PASSAGE  OF  SENATE  BILL  INTRODUCTORY 
NUMBER  1237  RELATING  TO  THE  GRANT 
MONUMENT 

STATE  OF  NEW  YORK 

Executive  Chamber 

Albany,  April  16,   1897 
To  THE  LEGISLATURE: 

IT  APPEARING  to  my  satisfaction  that  the  public  in- 
terest requires  it, 

Therefore  in  accordance  with  the  provisions  of  section 
fifteen  of  article  three  of  the  Constitution  and  by  virtue 
of  the  authority  thereby  conferred  upon  me  I  do  hereby 
certify  to  the  necessity  of  the  immediate  passage  of  Senate 
bill  introductory  number  1237  entitled  "  An  act  to  make 
further  provision  to  celebrate  the  dedication  of  the  Grant 
Monument  in  the  city  of  New  York  ". 

Given  under  my  hand  and  the  Privy  Seal  of  the 

State  at  the  Capitol  in  the  city  of  Albany  this 

[L  s]  sixteenth  day  of  April  in. the  year  of  our  Lord 

one  thousand  eight  hundred  and  ninety-seven. 

FRANK  S.  BLACK 
By  the  Governor: 

WILLIAM  M.  GRIFFITH 

Private  Secretary 
3 


34      PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

DESIGNATION  OF  JUSTICE  PARKER  TO  THE 
APPELLATE  DIVISION,  TEMPORARILY 

STATE  OF  NEW  YORK 

Executive  Chamber 

IT  APPEARING  to  my  satisfaction  that  the  public  in- 
terest requires  it, 

Therefore  in  accordance  with  the  Constitution  and  the 
statute  in  such  case  made  and  provided,  I  do  hereby 
designate  the 

Honorable  ALTON  B.  PARKER 

who  is  a  justice  of  the  Supreme  Court  in  and  for  the  third 
judicial  district  as  an  Associate  Justice  of  the  Appellate 
Division  of  the  Supreme  Court  for  the  First  Department 
to  sit  during  the  May  term,  1897,  in  place  of  the  Hon- 
orable George  C.  Barrett  who  is  incapacitated  by  reason 
of  illness. 

Given  under  my  hand  and  the  Privy  Seal  of  the 
State  at  the  Capitol  in  the  city  of  Albany  this 
[L  s]  seventeenth  day  of  April  in  the  year  of  our 

Lord  one  thousand  eight  hundred  and  ninety- 
seven. 

FRANK  S.  BLACK 
By  the  Governor: 

WILLIAM  M.  GRIFFITH 

Private  Secretary 


CERTIFICATE  OF  NECESSITY.  35 

CERTIFICATION  TO  THE  NECESSITY  OF  THE 
PASSAGE  OF  SENATE  BILL  No.  1729  MAKING 
APPROPRIATIONS  FOR  EXPENSES  OF  GOV- 
ERNMENT 

STATE  OF  NEW  YORK 

Executive  Chamber 

Albany,  April  21,  1897 
To  THE  LEGISLATURE: 

IT  APPEARING  to  my  satisfaction  that  the  public  in- 
terest requires  it, 

Therefore  in  accordance  with  the  provisions  of  section 
fifteen  of  article  three  of  the  Constitution  and  by  virtue 
of  the  authority  thereby  conferred  upon  me  I  do  hereby 
certify  to  the  necessity  of  the  immediate  passage  of  Senate 
bill  number  1729  entitled  "  An  act  making  appropriations 
for  certain  expenses  of  government,  and  supplying  de- 
ficiencies in  former  appropriations  ". 

Given  under  my  hand  and  the  Privy  Seal  of  the 
State  at  the  Capitol  in  the  city  of  Albany  this 
[L  s]  twenty-first  day  of  April  in  the  year  of  our 

Lord  one  thousand  eight  hundred  and  ninety- 
seven. 

FRANK  S.  BLACK 
By  the  Governor: 

WILLIAM  M.  GRIFFITH 

Private  Secretary 


36  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

PROCLAMATION  OF  A  PUBLIC  HOLIDAY  ON 
THE  DEDICATION  OF  THE  GRANT  MONU- 
MENT 

STATE  OF  NEW  YORK 

Executive  Chamber 

The  twenty-seventh  day  of  April  eighteen  hundred  and 
ninety-seven,  the  anniversary  of  the  birth  of  the  late 
General  Ulysses  S.  Grant,  has  been  selected  for  the  dedica- 
tion in  the  city  of  New  York  of  a  monument  to  his 
memory  and  in  his  honor. 

The  Legislature  having  designated  the  day  of  this 
dedication  as  .a  public  holiday  in  the  counties  of  New 
York,  Kings,  Westchester  and  Queens,  I  therefore  recom- 
mend that  Tuesday  the  twenty-seventh  day  of  April, 
instant,  be  observed  in  the  counties  named  as  a  day  of 
general  thanksgiving. 

Done  at   the  Capitol  in  the  city  of  Albany  this 
twenty-second  day  of  April  in  the  year  of  our 
[L  s]  Lord  one  thousand  eight  hundred  and  ninety- 

seven. 

FRANK  S.  BLACK 
By  the  Governor: 

WILLIAM  M.  GRIFFITH 

Private  Secretary 


CERTIFICATE  OF  NECESSITY.  37 

CERTIFICATION  OF  THE  NECESSITY  OF  THE 
PASSAGE  OF  SENATE  BILL  INTRODUCTORY 
NUMBER  1254  AMENDING  THE  GREATER 
NEW  YORK  CHARTER 

STATE  OF  NEW  YORK 

Executive  Chamber 
To  THE  LEGISLATURE: 

IT  APPEARING  to  my  satisfaction  that  the  public  in- 
terest requires  it,  and  in  compliance  with  the  request 
made  to  me  signed  by  the  Mayor  and  the  Comptroller  of 
the  city  of  New  York,  and  by  General  B.  F.  Tracy,  the 
Chairman  of  the  "  Greater  New  York  "  Commission, 

Therefore  in  accordance  with  the  provisions  of  section 
fifteen  of  article  three  of  the  Constitution  and  by  virtue 
of  the  authority  thereby  conferred  upon  me,  I  do  hereby 
certify  to  the  necessity  of  the  immediate  passage  of  Senate 
bill  introductory  number  1254  entitled  "An  act  to  aid 
the  financial  administration  of  the  city  of  New  York  ". 

Given  under  my  hand  and  the  Privy  Seal  of  the 
State  at  the  Capitol  in  the  city  of  Albany  this 
[L  s]  twenty-third  day  of  April  in  the  year  of  our 

Lord  one  thousand  eight  hundred  and  ninety- 
seven. 

FRANK  S.  BLACK 
By  the  Governor: 

WILLIAM  M.  GRIFFITH 

Private  Secretary 


38      PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

CERTIFICATION  OF  THE  NECESSITY  OF  THE 
PASSAGE  OF  ASSEMBLY  BILL  INTRODUC- 
TORY No.  1418  FOR  EXPENSES  OF  GOVERN- 
MENT 

STATE  OF  NEW  YORK 

Executive  Chamber 
To  THE  LEGISLATURE: 

IT  APPEARING  to  my  satisfaction  that  the  public  in- 
terest requires  it, 

Therefore  in  accordance  with  the  provisions  of  section 
fifteen  of  article  three  of  the  Constitution  and  by  virtue 
of  the  authority  thereby  conferred  upon  me  I  do  hereby 
certify  to  the  necessity  of  the  immediate  passage  of 
Assembly  bill  introductory  number  1418  entitled  "  An  act 
making  appropriations  for  certain  expenses  of  govern- 
ment and  supplying  deficiencies  in  former  appropria- 
tions ". 

Given  under  my  hand  and  the  Privy  Seal  of  the 
State  at  the  Capitol  in  the  city  of  Albany  this 
[L  s]  twenty-fourth  day  of  April  in  the  year  of  our 

Lord  one  thousand  eight  hundred  and  ninety- 
seven. 

FRANK  S.  BLACK 
By  the  Governor: 

WILLIAM  M.  GRIFFITH 

Private  Secretary 


CERTIFICATE  OF  NECESSITY.  39 

CERTIFICATION  OF  THE  NECESSITY  OF  THE 
PASSAGE  OF  ASSEMBLY  BILL  INTRODUC- 
TORY No.  1803  FOR  EXPENSES  OF  GOVERN- 
MENT 

STATE  OF  NEW  YORK 

Executive  Chamber 
To  THE  LEGISLATURE: 

IT  APPEARING  to  my  satisfaction  that  the  public  in- 
terest requires  it, 

Therefore  in  accordance  with  the  provisions  of  section 
fifteen  of  article  three  of  the  Constitution  and  by  virtue 
of  the  authority  thereby  conferred  upon  me  I  do  hereby 
certify  to  the  necessity  of  the  immediate  passage  of 
Assembly  bill  introductory  number  1803  entitled  "  An  act 
making  appropriations  for  certain  expenses  of  govern- 
ment and  supplying  deficiencies  in  former  appropria- 
tions ". 

Given  under  my  hand  and  the  Privy  Seal  of  the 
State  at  the  Capitol  in  the  city  of  Albany  this 
[L  s]  twenty-fourth  day  of  April  in  the  year  of  our 

Lord  one  thousand  eight  hundred  and  ninety- 
seven. 

FRANK  S.  BLACK 
By  the  Governor: 

WILLIAM  M.  GRIFFITH 

Private  Secretary 


4O  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

CERTIFICATION  OF  THE  NECESSITY  OF  THE 
PASSAGE  OF  ASSEMBLY  BILL  INTRODUC- 
TORY No.  1804  FOR  THE  SUPPORT  OF  THE 
INSANE 

STATE  OF  NEW  YORK 

Executive  Chamber 
To  THE  LEGISLATURE: 

IT  APPEARING  to  my  satisfaction  that  the  public  in- 
terest requires  it, 

There-fore  in  accordance  with  the  provisions  of  section 
fifteen  of  article  three  of  the  Constitution  and  by  virtue 
of  the  authority  thereby  conferred  upon  me  I  do  hereby 
certify  to  the  necessity  of  the  immediate  passage  of 
Assembly  bill  introductory  number  1804  entitled  "  An  act 
to  appropriate  money  for  the  support  of  the  insane  under 
the  provisions  of  chapter  five  hundred  and  forty-five  of 
the  laws  of  1896  ". 

Given  under  my  hand  and  the  Privy  Seal  of  the 
State  at  the  Capitol  in  the  city  of  Albany  this 
[L  s]  twenty-fourth  day  of  April  in  the  year  of  our 

Lord  one  thousand  eight  hundred  and  ninety- 
seven. 

FRANK  S.  BLACK 

By  the  Governor: 

WILLIAM  M.  GRIFFITH 

Private  Secretary 


CERTIFICATE  OF  NECESSITY.  41 

CERTIFICATION  OF  THE  NECESSITY  OF  THE 
PASSAGE  OF  ASSEMBLY  BILL  INTRODUC- 
TORY No.  1805  — THE  APPROPRIATION  BILL 

STATE  OF  NEW  YORK 

Executive  Chamber 
To  THE  LEGISLATURE: 

IT  APPEARING  to  my  satisfaction  that  the  public  in- 
terest requires  it, 

Therefore  in  accordance  with  the  provisions  of  section 
fifteen  of  article  three  of  the  Constitution  and  by  virtue 
of  the  authority  thereby  conferred  upon  me  I  do  hereby 
certify  to  the  necessity  of  the  immediate  passage  of 
Assembly  bill  introductory  number  1805  entitled  "An  act 
to  provide  ways  and  means  for  the  support  of  the  govern- 
ment ". 

Given  under  my  hand  and  the  Privy  Seal  of  the 
State  at  the  Capitol  in  the  city  of  Albany  this 
[L  s]  twenty-fourth  day  of  April  in  the  year  of  our 

Lord  one  thousand  eight  hundred  and  ninety- 
seven. 

FRANK  S.  BLACK 

By  the  Governor: 

WILLIAM  M.  GRIFFITH 

Private  Secretary 


42      PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

MEMORANDUM  FILED  WITH  SENATE  BILL 
PRINTED  No.  1717  — THE  APPROVED  CIVIL 
SERVICE  BILL 

STATE  OF  NEW  YORK 

Executive  Chamber 

Albany,  May  15,  1897 

Memorandum    filed   with    Senate    Bill    printed    number    1717 
relative  to   Civil  Service  examinations  —  Approved 

Many  wise  and  fair-minded  citizens  are  opposed  to  this 
measure,  but  their  opposition  has  been  expressed  with 
thoughtfulness  and  candor.  Their  opinions  have  had 
great  weight  with  me  and  I  am  reluctant  to  disagree  with 
their  conclusions. 

The  bill  has  also  been  savagely  attacked  by  those  who 
are  neither  wise  nor  fair-minded.  These  attacks  proceed 
from  sources  in  which  the  public  long  since  ceased  to 
confide.  For  this  latter  class  I  have  no  respect.  It  is 
composed  mainly  of  the  disappointed  and  unsuccessful, 
aided  now  and  then  by  some  decrepit  figure  who,  having 
once  enjoyed  the  rewards  and  betrayed  the  confidence 
of  his  party,  is  now  anxious  to  explain  and  justify  that 
betrayal.  This  justification  when  reduced  to  a  sediment 
consists  of  the  statement  that  all  public  officers  are  dis- 
honest and  should  not  be  trusted.  This  conclusion  is 
probably  natural  if  based  upon  the  character  and  conduct 
of  those  who  reach  it.  The  American  public  is  long 


MEMORANDUM  —  CIVIL  SERVICE  BILL.  43 

suffering  and  kind,  but  it  despises  those  who  hope  by 
slandering  others  to  postpone  for  a  day  their  own 
departure  into  complete  obscurity. 

I  am  in  favor  of  an  honest  efficient  civil  service  and  will 
support  any  law  that  seems  likely  to  produce  that  result. 
The  Republican  party  is  pledged  to  that  course,  but  that 
party  not  only  favors  an  honest  result  but  it  also  favors 
reaching  it  in  an  honest  way. 

The  people  of  this  country  recently  witnessed  the 
wholesale  removal  of  trusted  officials  in  government  em- 
ploy and  the  filling  of  their  places  with  favored  friends  of 
different  political  faith.  This  manoeuvre  was  followed  by 
putting  the  places  thus  filled  under  the  protection  of  civil 
service  rules.  This  outrage  was  nicknamed  "  Civil 
Service  Reform,"  and  has  been  praised  and  justified  by 
every  hysterical  assailant  of  this  Lexow  Bill.  This  fact 
alone  should  dispose  of  their  sincerity,  for  they  knew  it 
was  not  reform  but  rank  "party  politics  under  a  pretense 
meant  to  deceive.  Whatever  the  Republican  party  be- 
lieves, it  has  the  courage  to  admit.  It  believes  in  an 
honest,  practical  and  competent  civil  service,  stripped  of 
sham  and  subterfuge,  and  it  has  the  courage  to  pass  a  law 
by  which  such  service  can  be  attained.  Public  duties  can- 
not be  well  performed  by  those  who  possess  education  and 
nothing  else.  These  duties  are  varied,  important  and  ex- 
acting. They  demand  experience,  tact,  character  and  all 
those  qualities  recognized  by  sensible  men  everywhere  as 
essential  to  first-class  sendee. 


44  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

No  man  in  his  private  business  could  hope  to  succeed 
if  he  selected  his  help  in  accordance  with  the  present 
civil  service  rules.  No  man  in  his  private  business  ever 
does  so  select,  yet  it  is  universally  admitted  that  public 
and  private  business  should  be  conducted  as  nearly  as 
possible  upon  the  same  basis.  Why  then  should  we  insist 
upon  a  rule  in  public  affairs  which  we  reject  in  our  own? 

I  have  been  told  that  the  reason  is  that  the  public 
officers  cannot  be  trusted  to  select  their  subordinates; 
that  corrupt  appointments  will  be  forced  upon  them  by 
political  influence.  Men  who  believe  this  to  be  true  are 
themselves  weak  or  dishonest.  But  if  it  is  true,  how  does 
the  present  system  remedy  the  trouble?  If  a  public  officer 
having  the  power  of  appointment  is  forced  to  be  dis- 
honest, why  would  not  a  public  officer  having  the  power 
of  examination  be  dishonest  as  well?  Both  are  public 
officials;  both  are  indebted  to  some  political  party  for 
their  places.  To  my  mind  it  seems  probable  that  a  civil 
service  examiner  would  yield  to  corrupt  pressure  sooner 
than  the  responsible  head  of  a  department.  For  in  the 
case  of  the  examiner,  he  has  no  responsibility  whatever 
and  runs  no  risk.  He  may  certify  to  the  qualifications  of 
his  incompetent  and  lowbred  friends  without  limit,  and 
send  them  to  the  different  departments.  He  pays  no 
penalty  for  their  inefficiency  or  misdeeds.  On  the  other 
hand  the  head  of  every  department  is  responsible  for  the 
conduct  of  its  affairs;  he  is  always  under  bonds  and  the 
penalty  for  the  corruption  or  stupidity  of  his  subordinates 


MEMORANDUM  —  CIVIL  SERVICE  BILL.  45 

must  be  paid  by  him.    His  own  safety  demands  a  careful 
scrutiny  of  those  who  serve  under  him. 

It  is  clear  to  me  that  a  weak  dishonest  man  is  far  more 
likely  to  produce  results  harmful  to  the  public  service  if 
he  is  an  examiner  with  full  swing  and  no  risk,  than  if  he 
were  the  head  of  a  department  steadied  by  his  bond  and 
the  responsibilities  of  a  great  bureau.  Heretofore  the  ex- 
amining board  has  had  full  power  to  select  employees  and 
the  departments  have  had  sole  responsibility  of  settling 
for  them. 

I  have  been  told  too  that  heads  of  departments  have  no 
time  to  devote  to  the  selection  of  help.  If  that  is  true, 
how  do  they  spend  their  time?  The  selection  and  super- 
vision of  their  subordinates  is  one  of  the  duties  for  which 
they  are  chosen.  They  are  supposed  to  manage,  improve, 
discipline  and  advance  in  every  way  the  affairs  of  the 
department  under  them.  They  do  little  else.  If  they  do 
not  supervise  their  departments  to  the  extent  of  knowing 
the  character  and  qualifications  of  their  help,  they  fail  in 
their  most  important  duty.  But  the  benefits  of  super- 
vision are  only  partial  unless  accompanied  by  the  right 
of  selection.  The  denial  of  this  right  often  obstructs  the 
discharge  of  official  business.  Those  who  consult  their 
experience  instead  of  their  prejudice  know  that  it  often 
happens  in  great  departments  that  business  is  seriously 
hampered  by  the  want  of  competent  help  and  the  in- 
adequacy of  the  present  system  to  promptly  supply  it, 
when  if  the  officer  in  charge  had  half  the  right  which 


46  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

private  individuals  enjoy,  he  could  improve  both  the 
character  of  his  help  and  the  quality  of  the  work  per- 
formed. Every  head  of  a  department,  not  so  cowed  by 
the  perennial  reproach  of  the  civil  service  Pharisee  that  he 
is  afraid  to  tell  the  whole  truth,  will  declare  that  he  could 
select  better  help  for  his  own  office  than  an  examining 
board  can  select  for  him.  It  will  be  observed  that  those 
officers  who  are  quoted  as  favoring  the  present  system, 
seldom  say  more  than  that  they  are  glad  to  be  relieved 
of  the  duty  of  selecting  their  subordinates.  They  should 
not  be  relieved,  and  a  system  that  has  as  its  highest 
testimonial  the  admission  of  a  timid  official  that  he  is 
willing  to  shirk  a  part  of  his  duty,  should  not  yet  be  con- 
sidered sacred,  nor  those  who  criticise  it,  profane.  The 
weakness  of  the  present  system  is  its  failure  to  determine 
experience,  tact,  character  and  habits,  qualities  without 
which  the  highest  educational  tests  are  of  no  value.  This 
bill  makes  a  proper  and  necessary  modification.  It  gives 
to  the  examining  board  the  right  to  examine  an  ap- 
plicant as  to  his  merit,  and  the  head  of  a  department  the 
right  to  examine  as  to  his  fitness.  The  examination  of 
the  board  shall  count  for  one-half  and  the  department  for 
the  other.  This  will  mean  that  the  educational  or  theo- 
retical examination  now  provided  for  shall  be  supple- 
mented by  a  practical  examination  to  be  given  by  the 
department  which  is  in  need  of  help  and  which  alone  has 
knowledge  of  the  particular  duties  for  which  such  help  is 
required.  Under  the  old  system  if  fairly  conducted,  the 


MEMORANDUM  —  CIVIL  SERVICE  BILL.  47 

recent  graduate  of  the  high  school  or  college  would  be 
almost  certain  to  be  appointed.  Under  the  system  pro- 
vided in  this  bill  the  practice,  training,  habits,  tact  and 
manners  of  the  applicant  will  be  ascertained.  Under  the 
proposed  method  the  chances  of  the  practical  man  for 
appointment  and  of  the  public  service  for  improvement 
will  be  greatly  increased.  If  criticism  is  to  be  made  of  the 
words  "  merit  "  and  "  fitness,"  that  criticism  should  be 
addressed  not  to  the  Lexow  bill  but  to  the  Constitution 
from  which  latter  instrument  these  words  are  taken. 

The  tendency  now  is  to  concentrate  power  and  re- 
sponsibility in  those  holding  public  office.  The  drift  of 
legislation  in  recent  years  has  been  to  clothe  mayors  of 
cities  and  other  important  officials  with  enlarged  powers. 
This  tendency  has  generally  numbered  among  its  advo- 
cates such  persons  as  now  oppose  this  bill. 

How  can  it  be  consistently  urged  that  the  power  of 
those  officers  under  no  pecuniary  liability  whatever  for  the 
acts  of  their  subordinates  should  be  enlarged,  while  the 
heads  of  departments  responsible  in  every  sense  and  in 
every  way  for  subordinates  should  be  absolutely  stripped 
of  the  power  of  selection? 

The  present  system  is  neither  just  nor  practical.  I  be- 
lieve the  Lexow  Bill  improves  it  in  both  respects.  If  it 
does  not,  or  if  something  better  can  be  devised,  I  am 
willing  to  co-operate  with  those  who  will  in  good  faith 
make  the  attempt  to  improve  it. 

FRANK  S.  BLACK 


48      PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

REDESIGNATION  OF  JUSTICE  PARKER  TO 
THE  APPELLATE  DIVISION  OF  THE  SU- 
PREME COURT 

STATE  OF  NEW  YORK 

Executive  Chamber 

IT  APPEARING  to  my  satisiaction  that  the  public  in- 
terest requires  it, 

Therefore  in  accordance  with  the  Constitution  and  the 
statute  in  such  case  made  and  provided  I  do  hereby 
designate  the 

Honorable  ALTON  B.  PARKER 

who  is  a  justice  of  the  Supreme  Court  in  and  for  the 
third  judicial  district  as  an  Associate  Justice  of  the  Ap- 
pellate Division  of  the  Supreme  Court  for  the  First 
Department  to  sit  during  the  June  term,  1897,  in  place 
of  the  Honorable  George  C.  Barrett  who  is  incapacitated 
by  reason  of  illness. 

Given  under  my  hand  and  the  Privy  Seal  of  the 
State  at  the  Capitol  in  the  city  of  Albany  this 
[L  s]  nineteenth   day   of   May   in   the   year  of  our 

Lord  one  thousand  eight  hundred  and  ninety- 
seven. 

FRANK  S.  BLACK 
By  the  Governor: 

WILLIAM  M.  GRIFFITH 

Private  Secretary 


VETO  —  RAILROAD  COMMISSIONERS  BILL.          49 

VETO  OF  SENATE  BILL  PRINTED  No.  1445,  TO 
INCREASE  THE  NUMBER  OF  STATE  RAIL- 
ROAD COMMISSIONERS 

STATE  OF  NEW  YORK 

Executive  Chamber 

Albany,  May  19,  1897 

Memorandum  filed  with  Senate  Bill  printed  number  1445  knozvn 
as  the  Railroad  Law.,  with  reference  to  the  number  of  railroad 
commissioners  —  Not  approved 

I  have  never  been  able  to  consent  to  this  bill.  With- 
out the  Governor's  signature  it  cannot  become  a  law, 
but  I  prefer  to  call  attention  to  it  directly  rather  than 
let  it  appear  to  have  died  from  oversight.  It  came  to  my 
notice  early  in  the  winter.  I  was  opposed  to  it  then  and 
my  opinion  has  never  changed.  It  would  have  been 
better  if  the  Legislature  had  not  passed  it,  for  that  party 
makes  a  mistake  which  attempts  to  create  an  expense  for 
which  there  is  no  excuse.  The  railroad  commission  in 
this  State  is  already  large  enough.  That  commission  now 
has  three  members,  and  its  duties  could  be  discharged  by 
less.  The  expense  is  paid  by  the  railroads,  but  this  single 
fact  affords  no  reason  for  increasing  the  amount.  This 
bill  emphasizes  and  yields  to  the  disposition,  too  little 
checked  in  late  years,  to  create  new  offices  for  the  sole 
purpose  of  filling  them.  The  state  tax,  while  not  burden- 
some, is  too  high.  It  could  be  substantially  reduced 


50  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

without  detriment  to  the  public  service.  Some  of  the 
state  commissions  might  well  be  abolished.  The  mania 
for  new  offices  and  new  commissions  is  running  wild.  If 
legislation  were  enacted  abolishing  some  of  the  commis- 
sions already  existing,  I  should  be  more  favorable  to  it 
than  I  am  to  this  bill. 

The  membership  of  a  commission  should  no't  be  in- 
creased unless  one  of  two  conditions  exists:  first,  that  the 
commission  is  overworked,  or  second,  that  it  is  entrusted 
with  the  expenditure,  with  slight  or  no  compensation,  of 
large  sums  of  money.  In  the  last  case  the  increase  would 
extend  the  supervision  and  diminish  the  chances  of  ex- 
travagance. Neither  of  those  conditions  exists  here.  A 
large  number  of  worthy  persons  approve  of  this  measure, 
but  their  desire  cannot  properly  prevail  when  it  involves 
the  extension  of  a  practice  already  carried  too  far. 

FRANK  S.  BLACK 


VETO    OF    ASSEMBLY    BILL    No.     1522  — THE 
DUDLEY  INHERITANCE  TAX  BILL 

STATE  OF  NEW  YORK 

Executive  Chamber 

Albany,  May  21,  1897 

Memorandum  filed  -with  Assembly  bill  number  1522  entitled 
"  An  Act  to  amend  the  tax  law  in  relation  to  graduated 
transfer  taxes  " —  Not  approved 

Under  the  law  now  existing  in  this  State,  a  tax  of  five 
per  cent,  is  imposed  upon  the  transfer  of  all  property, 


VETO  —  DUDLEY  TAX  BILL.  51 

real  or  personal,  above  five  hundred  dollars  in  amount, 
when  such  property  passes  by  the  death  of  the  owner  or 
is  conveyed  by  him  in  contemplation  of  death.  To  this 
general  provision  there  is  an  exception  which  includes 
cases  where  the  persons  taking  are  parents,  children  and 
a  few  others  specifically  named.  In  cases  embraced  in 
the  exception,  the  tax  is  reduced  to  one  per  cent,  and 
applies  only  to  personal  property  above  ten  thousand  dol- 
lars in  value.  This  proposed  bill  increases  the  five  per 
cent,  tax  upon  personal  property,  after  it  reaches  five 
hundred  thousand  dollars  in  value,  at  the  rate  of  one  per 
cent,  for  every  two  hundred  and  fifty  thousand  dollars  or 
major  fraction  thereof,  until  the  increased  rate  shall  reach 
fifteen  per  cent.  It  also  increases  the  one  per  cent,  tax 
upon  personal  property  until  that  tax  reaches  ten  per 
cent.  The  increase  begins  when  the  estate  is  worth  one 
million  dollars  and  continues  at  the  rate  of  one-half  of 
one  per  cent,  every  quarter  of  a  million  up  to  two  millions 
and  a  half  and  at  the  rate  of  one  per  cent,  for  every 
quarter  of  a  million  thereafter,  up  to  the  ten  per  cent, 
limit. 

It  is  apparent  that  this  bill  makes  a  radical  change  in 
the  law.  Estates  which  under  the  present  statute  would 
pay  a  tax  of  five  per  cent,  might  under  the  proposed  bill 
pay  a  tax  of  fifteen  per  cent.  Estates  which  would 
now  pay  one  per  cent,  might  under  the  Dudley  bill  pay 
ten  per  cent.  For  a  change  so  sweeping,  even  if  its  effects 
fell  upon  all  alike,  there  should  be  substantial  reasons. 


52  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

Conditions  have  existed  and  may  again  exist  when  bur- 
dens almost  overwhelming  in  the  form  of  taxation  were 
necessary  and  were  borne  without  complaint.  But  those 
were  war  times  and  the  conditions  then  and  now  bear  no 
resemblance.  The  State  is  not  in  need  of  money.  Its 
tax  rate  is  comparatively  low  and  is  likely  to  be  less  be- 
fore it  is  greater.  The  people  will  pay  next  year  to  the 
State  only  $2.67  upon  every  thousand  dollars  of  property. 
A  farm  assessed  at  $2,000  will  pay  to  the  State  in  taxes 
$5.34.  This  bill  affects  only  the  state  tax,  but  the  state 
tax  is  not  oppressive;  it  is  the  county  and  city  taxes  that 
bear  so  heavily,  and  some  means  should  be  adopted  to 
make  this  fact  appear.  The  legislature  is  invariably  held 
responsible  in  the  public  mind  for  the  tax  rate,  and  yet 
only  once  in  ten  years  has  the  state  tax  reached  three 
dollars  and  a-half  on  a  thousand.  If  extravagance  in 
local  affairs  were  corrected  the  tax  burden  would  be 
greatly  reduced,  and  I  believe  that  the  legislature  should 
require  that  tax  bills  and  tax  warrants  should  be  item- 
ized so  as  to  show  the  State,  city  and  county  taxes 
separately  in  order  to  put  the  responsibility  where  it  be- 
longs and  suggest  a  remedy  for  over-taxation.  This  bill 
therefore  cannot  be  defended  on  the  ground  of  the  State's 
urgent  need  for  increased  revenue. 

It  has  been  claimed  in  support  of  the  bill  that  personal 
property  to  a  very  large  extent  now  evades  taxation. 
This  may  be  true,  but  to  my  mind  this  bill  is  not  the 
proper  remedy.  Personal  property  is  now  subject  to  tax- 


VETO  —  DUDLEY  TAX  BILL.  53 

ation  under  the  laws  of  this  State.  If  that  law  were 
properly  enforced  there  would  be  but  little  evasion.  The 
fault  is  with  the  officers  of  the  law  and  not  with  the  law 
itself.  It  is  not  denied  that  personal  property  in  some 
cases  pays  its  share,  and  yet  this  law,  in  order  to  reach 
those  who  have  evaded,  would  punish  those  who  have 
already  paid.  This  State  ought  not  to  confess  that  it  is 
powerless  to  enforce  its  laws  except  by  grouping  the 
innocent  and  guilty  together  and  punishing  the  whole. 
There  is  nothing  in  the  present  time  or  condition  to  de- 
mand that  confession. 

But  there  are  other  considerations  which  to  me  are 
controlling.  The  operation  of  the  proposed  law  might 
impose  the  most  serious  hardships.  It  is  not  unusual 
that  the  death  of  those  living  to  an  advanced  age  is  soon 
followed  by  the  death  of  a  successor  in  the  direct  line  of 
descent.  This  law  would  deduct  ten  per  cent,  upon  large 
estates  for  each  death,  so  that  in  case  of  two  deaths, 
one-fifth  of  the  entire  property  would  be  appropriated  to 
the  State,  and  this  perhaps  upon  property  that  had  al- 
ready paid  its  full  tax.  In  cases  where  the  maximum  tax 
is  fifteen  per  cent.,  the  amount  taken  by  the  State  would 
be  still  greater.  Such  cases  are  not  improbable  or  remote, 
but  if  they  were  both,  the  State  should  not  create  such  a 
contingency  without  the  amplest  justification. 

But  the  strongest  argument  against  this  bill  is  that  the 
rate  proposed  is  not  uniform  or  fair.  There  is  no  reason 


54  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

why  one  man's  dollar  should  pay  more  than  another 
man's.  There  is  no  reason  why  the  last  million  dollars  of 
a  man's  property  should  pay  more  than  the  first  million. 
The  discrimination  between  the  two  is  a  penalty,  not  a 
tax.  Under  this  bill  an  inheritance  of  a  million  would 
pay  a  tax  of  ten  thousand  dollars,  and  an  inheritance  of 
four  millions  under  similar  circumstances  would  pay  four 
hundred  thousand  dollars.  The  inheritance  would  be  only 
four  times  as  large  in  one  case  as  in  the  other,  but  the 
tax  would  be  forty  times  as  much.  If  this  is  constitu- 
tional, it  ought  not  to  be.  Every  dollar  ought  under  the 
same  conditions  to  pay  the  same  tax.  Any  other  theory 
of  taxation  is  not  only  unjust,  but  dangerous.  If  such  a 
tax  as  this  could  be  imposed,  any  other  might  be.  In 
this  country  equality  is  demanded  in  all  things,  and  tax- 
ation must  certainly  be  included.  If  this  rule  were  not 
adhered  to,  one  set  of  men  might  without  restraint  im- 
pose a  tax  for  another  set  to  pay.  Unlimited  power  of 
discrimination  cannot  safely  be  trusted  to  any  one.  A 
step  like  this  would  cost  dearly  in  the  long  run.  The 
experience  of  last  summer  and  fall  had  a  significance 
which  should  keep  us  from  following  dangerous  trails. 
The  country  made  good  its  escape  then,  but  the  margin 
of  safety  was  not  enough  to  encourage  the  doctrine  that 
laws  may  be  passed  imposing  burdens  from  which  those 
who  pass  the  laws  may  exempt  themselves.  In  this 
country  the  right  of  suffrage  is  carried  too  far.  Danger- 


VETO  —  DUDLEY  TAX  BILL.  55 

ous  elements  from  abroad  are  yearly  vaccinated  into  our 
population.  Restlessness,  apparent  or  just  under  the 
surface,  is  far  too  prevalent.  Legislatures,  depending 
upon  popular  vote,  are  changing  every  year  and  are 
seldom  too  conservative.  If  we  are  wise  we  shall  adhere 
to  the  rule  that  a  man  who  passes  a  law  must  abide  by 
it  himself. 

The  claim  that  the  rich  are  growing  richer  and  the 
poor  poorer  is  not  true,  and  would  have  no  bearing  here 
if  it  were.  Poverty  is  not  increasing,  but  the  accumula- 
tions of  the  industrious  are  steadily  on  the  gain.  We 
have  had  hard  times,  to  be  sure,  but  this  stringency  comes 
not  alone  from  a  decreased  income  but  from  a  too  liberal 
way  of  living  as  well.  In  times  of  prosperity  expenditures 
are  made  and  habits  indulged  which  can  be  sustained  in 
prosperous  times  only,  but  when  the  income  shrinks  these 
habits  become  headstrong.  Our  burden  then  seems 
double,  because  a  reduced  income  is  struggling  with  the 
tastes  and  habits  left  over  from  prosperous  times. 

Neither  is  it  true  that  the  rich  receive  greater  protec- 
tion from  the  government  according  to  their  property 
than  the  poor.  The  reverse  is  probably  true.  This  is 
illustrated  in  the  case  of  fire  and  police  protection  and 
school  facilities.  Those  possessed  of  large  means  can 
through  the  employment  of  servants  protect  themselves 
against  fire  and  the  inroad  of  criminals.  They  can  and 
to  a  very  large  extent  do  educate  their  children  outside 
the  public  schools.  On  the  other  hand,  people  of  moder-1 


56 

ate  means  depend  very  largely  upon  the  government  for 
the  advantages  named.  These  latter  considerations  have 
no  proper  weight  upon  problems  like  those  involved  in 
this  bill,  and  they  are  alluded  to  here  only  because  the 
tendency  is  growing  to  thrust  them  into  the  discussion 
of  every  public  question. 

It  has  been  urged  before  me  in  opposition  to  this  bill 
that  wealthy  men  may  leave  the  State  in  case  it  becomes 
a  law.  This  is  a  danger  which  I  should  not  have  the 
slightest  hesitation  in  encountering  provided  the  bill  were 
just.  Taxation  should  be  fairly  imposed  even  though  the 
rich  might  prefer  to  leave  the  State  rather  than  bear  their 
share,  but  we  should  be  certain  that  a  proposed  act  is 
equitable  before  we  face  the  risk  of  driving  millions  of 
property  now  in  the  State  into  adjoining  commonwealths. 
We  already  receive  substantial  benefits  from  the  estates 
of  the  rich,  both  living  and  dead.  Those  of  the  living  find 
investments  in  large  business  enterprises  which  afford 
employment  to  their  fellow-citizens.  They  encourage 
public  improvements,  and  develop  that  spirit  of  activity 
and  progress  which  improves  and  enlarges  every  com- 
munity. 

Furthermore,  those  splended  charities  which  are  so  con- 
spicuous and  frequent  in  this  country  are  chiefly  the 
endowments  of  the  rich  and  are  solely  for  the  benefit  of 
the  poor,  and  under  the  existing  law  these  estates  upon 
the  death  of  their  owners  yield  large  sums  of  money  to  the 


VETO  —  DUDLEY  TAX  BILL.  57 

State,  having  yielded  during  the  year  ending  September 
30,  1896,  more  than  $1,750,000. 

The  greatness,  wealth  and  power  of  this  State  depend 
in  no  small  degree  upon  the  reasonable  certainty,  from 
the  character  of  its  people,  that  its  laws  will  be  just  and 
its  government  honestly  administered.  There  is  no  State 
which  has  hitherto  attracted  so  many  of  the  rich  and  pro- 
gressive of  other  states,  as  the  State  of  New  York. 
Millions  of  money  are  brought  here  every  year  from  every 
state  in  the  union  to  remain  permanently,  and  this  in- 
crease of  money  and  of  most  desirable  citizens  should  not 
be  retarded  by  the  adoption  of  an  unwise  and  unjust 
policy.  I  believe  that  every  dollar  should  pay  its  equal 
share  of  the  burdens  of  government  and  if  the  laws  now 
existing  do  not  reach  that  end,  they  should  be  amended 
and  then  enforced.  The  proposed  bill  fails  in  my  judg- 
ment to  correct  the  evil  aimed  at,  but  creates  another.  I 
am  therefore  constrained  to  withhold  my  approval. 

FRANK  S.  BLACK 


58  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

VETO  OF  ITEMS  IN  ASSEMBLY  BILL  No.  2792  — 
A  SUPPLY  BILL 

STATE  OF  NEW  YORK 

Executive  Chamber 

Albany,  May  24,  1897 

Statement  of  items  of  appropriation  objected  to  and  not  ap- 
proved, contained  in  Assembly  bill  number  2792  entitled  "  An 
act  making  appropriations  for  certain  expenses  of  govern- 
ment and  supplying  deficiencies  in  former  appropriations  " — 
Not  approved 

The  several  items  herein  enumerated  contained  in 
Assembly  Bill  No.  2792  entitled  *'  An  act  making  appro- 
priations for  certain  expenses  of  Government  and  supply- 
ing deficiencies  in  former  appropriations,"  are  objected 
to  and  not  approved  for  the  reasons  herein  stated. 

First  — "  For  deficiency  in  appropriation  under  chapter 
nine  hundred  and  forty-nine  of  the  laws  of  eighteen  hun- 
dred and  ninety-six,  for  the  secretary  of  state,  to  be  ex- 
pended by  him  in  purchasing,  at  such  prices  as  he  may 
deem  reasonable,  not  exceeding  eighteen  dollars  per  set, 
sufficient  sets  of  the  ninth  edition  of  the  revised  statutes 
of  the  state  of  New  York,  prepared  by  Charles  A.  Collin,' 
as  will  enable  the  secretary  of  state  to  complete  distribu- 
tion of  said  statutes  to  the  officers  named  in  said  statutes, 
namely;  One  set  thereof  to  the  governor,  one  to  the 
lieutenant-governor,  one  to  each  senator,  member  of 
assembly,  judge  of  the  court  of  appeals,  justice  of  the 
supreme  court,  and  county  court,  and  to  each  other 


VETO  OF  ITEMS  IN  A  SUPPLY  BILL.  59 

officer,  board  or  department,  except  town  clerk,  now 
entitled  by  law  to  receive  printed  copies  of  the  session 
laws,  the  sum  of  five  thousand  dollars,  or  so  much  as  may 
be  necessary,  to  be  paid  upon  the  audit  of  the  comp- 
troller ". 

The  sum  of  five  thousand  dollars  was  appropriated  for 
this  purpose  last  year  and  I  am  informed  that  the  secre- 
tary of  state  used  the  appropriation  for  the  distribution 
of  sets  of  these  statutes  to  the  principal  state  officers  and 
courts  named  in  the  statute  making  the  appropriation. 
It  would  seem  that  this  edition  has  already  been  dis- 
tributed to  as  many  officers  as  the  state  can  fairly  be  called 
upon  to  furnish  copies  of  the  statutes.  Owing  to  the 
revision  of  the  statutes  now  going  on,  the  edition  as 
authorized  by  the  law  of  last  year  had  to  be  supplemented 
by  an  additional  volume,  and  the  revisions  and  general 
laws  enacted  at  the  late  session  of  the  legislature  will 
probably  require  another  volume.  Whenever  the  revision 
of  the  statutes  is  substantially  complete,  it  may  be  well  to 
distribute  copies  to  most  of  the  public  officers  of  the  state, 
but  it  does  not  seem  to  me  advisable  to  continue  the 
distribution  of  this  edition  at  this  time. 

Second  —  "  For  salaries  and  expenses  of  Fish  and  Game 
protectors  and  foresters,  four  thousand  three  hundred 
and  fifty  dollars. 

For  the  commissioners  of  Fisheries,  Game  and  Forests 
and  for  services  of  fire  wardens,  the  sum  of  four  thousand 
dollars,  or  so  much  thereof  as  may  be  necessary. 


60  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

For  office  expenses  and  clerical  force  two  thousand  two 
hundred  and  fifty  dollars." 

I  think  that  sufficient  appropriations  have  already  been 
made  for  these  purposes  by  the  general  appropriation  bill 
already  approved. 

Third  — "  For  the  superintendent  of  public  works,  for 
protecting-  the  public  highways  in  the  town  of  Olive, 
Ulster  county,  from  the  overflowing  waters  of  Bush 
Creek,  the  sum  of  two  thousand  dollars  ". 

No  reason  has  been  presented  why  the  state  should  be 
called  upon  to  make  this  appropriation,  not  in  connection 
with  state  lands  or  state  waters,  but  to  assist  a  town  for 
a  local  object.  The  towns  are  charged  by  law  with  the 
maintenance  of  their  highways,  and  only  in  extraordinary 
cases  should  expenditures  be  made  by  the  state  to  assist 
in  the  maintenance  of  highways  under  purely  local 
jurisdiction. 

Fourth  — "  For  the  superintendent  of  public  buildings, 
for  rebuilding  walls,  for  repairing  roofs  and  gutters  and 
reconstructing  portions  of  the  boiler-house,  for  resetting 
and  repairing  boilers,  for  new  coils  and  repairs  to  heating 
apparatus,  for  extra  fuel,  for  additional  lights,  lighting 
and  electric  wiring  and  for  other  necessary  repairs, 
supplies  and  equipments,  and  for  repairing  streets  and 
walks  about  the  public  buildings  the  sum  of  thirty 
thousand  dollars." 

A  large  appropriation  has  been  already  made  for  the 
purpose  of  completing  the  capitol,  and  the  sum  above 


VETO  OF  ITEMS  IN  A  SUPPLY  BILL.  61 

appropriated  is  I  think  too  large  to  be  made  at  this  time. 
The  repairs  specified  in  the  item,  even  if  deemed  desirable, 
may  I  think  reasonably  be  postponed  another  year. 

Fifth  — "  For  the  second  judicial  district  law  library  at 
Newburgh  for  the  purchase  of  law  books  and  reports,  the 
necessary  rebinding  of  books  belonging  to  said  library, 
and  the  expense  of  keeping  the  books  of  said  library  in- 
sured against  loss  or  damage  by  fire,  the  sum  of  two 
thousand  dollars  to  be  paid  on  bills  therefor  certified  by 
the  majority  of  the  trustees  having  charge  of  said  library." 

This  library  has  already  received  large  appropriations 
from  the  state.  The  libraries  of  the  appellate  divisions 
and  court  of  appeals  should  be  maintained  by  the  state 
and  liberal  appropriations  have  already  been  made  for  this 
purpose.  There  is  a  general  law  under  which  appropria- 
tions amounting  to  six  hundred  dollars  each  are  made  to 
various  law  libraries  and  the  appropriation  bill  already 
approved  contains  an  item  for  such  libraries.  They  must 
necessarily  have  a  limited  use,  and  while  convenient  for 
judges  and  lawyers  living  in  the  immediate  vicinity,  I 
think  that  large  appropriations  for  their  maintenance 
should  only  be  made  in  exceptional  cases. 

Sixth — "For  the  supreme  court  library  in  the  sixth 
judicial  district  at  Elmira,  the  sum  of  three  thousand 
dollars  is  hereby  appropriated  for  the  purchase  of  law 
books  and  the  expense  of  keeping  the  books  of  said 
library,  said  bills  to  be  paid  when  certified  by  a  majority 
of  the  trustees  having  charge  of  said  library." 


62  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

This  library  was  established  in  1895  and  an  appropria- 
tion of  three  thousand  dollars  was  made  for  that  purpose. 
In  1896  the  library  was  added  to  the  list  of  those  entitled 
to  receive  six  hundred  dollars  annually  and  an  appropria- 
tion of  that  amount  -has  already  been  made.  There  are 
several  libraries  in  the  sixth  district  entitled  to  this 
annual  appropriation,  and  I  do  not  think  this  library  at 
Elmira  should  receive  an  additional  amount  at  this  time. 

Seventh—  "For  the  purchase  of  books  to  replenish 
and  maintain  the  law  libraries  of  the  supreme  court  of  the 
first  department,  two  thousand  dollars,  one-half  of  said 
sum  to  be  expended  for  the  library  of  the  appellate 
division,  and  the  other  half  for  the  library  of  the  trial 
branch  of  said  court  located  in  the  county  court  house  of 
the  county  of  New  York." 

By  chapter  eighty-one  of  the  laws  of  this  year,  the 
sum  of  five  thousand  dollars  was  appropriated  for  the  law 
libraries  in  the  first  department  to  be  distributed  as  di- 
rected by  the  justices  of  the  appellate  division  in  that 
department.  It  is  to  be  presumed  that  the  appropria- 
tion made  by  that  act,  which  was  approved  March  22,  was 
sufficient  and  no  reason  is  given  why  an  additional  sum 
is  now  required. 

Eighth  — "  For  the  board  of  managers  of  the  House  of 
Refuge  for  the  Reformation  of  Juvenile  Delinquents,  at 
Randall's  Island,  New  York  city,  for:  Electric  lighting 
plant,  dynamo  and  equipments,  providing  light  for  all  the 
buildings,  including  the  yards  and  grounds  adjoining, 
eighteen  thousand  dollars;  school  furniture  to  complete 


VETO  OF  ITEMS  IN  A  SUPPLY  BILL.  63 

the  refurnishing  of  the  class  rooms  begun  in  the  year 
eighteen  hundred  and  ninety-five,  one  thousand  seven 
hundred  dollars,  laundry  and  its  equipment  including  an 
engine,  a  drying  room,  hot  and  cold  water  supply  pipes 
and  needful  connections  for  the  first  and  second  divisions 
three  thousand  seven  hundred  dollars;  brick  laying,  mason 
work  and  building  instruction  shop  and  fittings  and  equip- 
ment, one  thousand  five  hundred  dollars;  plumbing  work 
in  water  closets  in  the  first  and  second  division  yards,  one 
thousand  dollars;  new  wash  troughs,  water  and  steam 
pipes  and  equipment  in  lavatories,  in  the  first  and  second 
divisions,  two  thousand  five  hundred  dollars;  steam  pipes 
and  radiators  throughout  the  building,  two  thousand  five 
hundred  dollars;  two  new  printing  presses  in  printing 
shop  and  type,  five  hundred  dollars;  fire  escapes  from  the 
chapel  in  main  building  to  the  ground,  including  neces- 
sary alterations,  five  hundred  dollars;  additional  fire 
hydrants  and  water  mains  for  the  extinguishment  of  fire, 
including  labor  of  putting  the  same  in  place,  one  thou- 
sand dollars;  making  a  total  of  thirty-two  thousand  nine 
hundred  dollars.  No  part  of  the  appropriation  for  said 
institution  shall  be  available  until  the  title  shall  be  trans- 
ferred to  the  state,  under  the  direction  of  the  attorney- 
general  ". 

While  this  appropriation  may  be  proper  and  desirable, 
it  is  made  practically  unavailable  by  the  last  sentence 
which  provides  in  substance  that  the  money  cannot  be 
used  until  the  title  to  the  institution  shall  be  transferred 
to  the  state.  I  am  informed  that  it  is  at  this  time  legally 
impossible  to  make  this  transfer.  This  condition  is  un- 
fortunate as  it  renders  the  proposed  appropriation  sub- 
stantially useless. 


64  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

Ninth  — "  The  sum  of  five  thousand  six  hundred  and 
seventy  dollars  and  ninety-two  cents,  being  the  unex- 
pended balance  of  the  appropriation  made  by  sections  one 
and  two  of  chapter  five  hundred  and  ninety-two  of  the 
laws  of  eighteen  hundred  and  ninety-five,  for  the  Northern 
New  York  Institution  for  Deaf  Mutes,  for  motive  power, 
to  operate  printing  press,  for  lathe  for  carpenter  shop,  for 
payment  for  land  purchased,  for  ice  house  and  cooler,  for 
cattle  barn,  mowing  machine,  horse  rake  and  tools,  for 
farm,  tailor  shop,  kindergarten  building  and  for  fence 
about  the  grounds  and  for  grading,  is  hereby  reappro- 
priated,  to  be  expended  for  the  purposes  above  men- 
tioned, or  such  portions  thereof  as  may  be  necessary." 

This  institution  is  not  the  property  of  the  state  and  I 
do  not  think  any  further  appropriation  should  be  made 
for  it,  until  it  has  been  transferred  to  the  state. 

Tenth  —  "  For  the  New  York  State  Woman's  Relief 
Corps  Home,  the  sum  of  ten  thousand  and  fifty-five  dol- 
lars for  construction,  equipment  and  repairs;  to  be  ap- 
portioned three  thousand  five  hundred  dollars  for  barn 
and  other  necessary  out-buildings,  thirteen  hundred  and 
fifty-five  dollars  for  plumbing  and  five  thousand  two  hun- 
dred dollars  for  general  repairs,  grading  grounds  and 
supplemental  construction  and  equipment  ". 

I  think  that  a  sufficient  appropriation  for  this  institu- 
tion for  this  year  has  already  been  made. 

Eleventh  — "  For  the  faculty  of  the  medical  department 
of  the  university  of  Buffalo,  for  the  equipment  and  main- 
tenance of  a  laboratory  to  be  devoted  to  an  investigation 
into  the  causes,  nature,  mortality,  rate  and  treatment  of 


VETO  OF  ITEMS  IN  A  SUPPLY  BILL.  65 

cancer;  and  the  salaries  of  officials  of  the  same,  ten  thou- 
sand dollars;  same  to  be  paid  upon  vouchers  officially 
signed  by  the  director  of  said  laboratory,  or,  in  his  ab- 
sence, by  the  secretary  and  treasurer  of  the  faculty  ". 

I  cannot  approve  a  proposed  policy  which  requires  the 
State  to  engage  in  the  investigation  of  the  causes  of 
various  diseases  with  which  the  human  family  is  afflicted. 
I  think  that  the  interest  of  the  people  themselves  and  the 
skill,  intelligence  and  enterprise  of  physicians  may  be 
depended  upon  to  make  such  investigation. 

Twelfth  — "  For  the  New  York  State  Dairymen's  Asso- 
ciation, to  pay  the  expenses  for  their  annual  meeting  and 
print  their  report  of  the  same,  twelve  hundred  dollars,  or 
so  much  thereof  as  may  be  necessary  ". 

This  is  a  voluntary  private  enterprise  and  I  see  no 
reason  why  the  State  should  appropriate  money  to  pay 
its  expenses. 

Thirteenth  — "  For  the  purchase  of  books  to  fill  out  the 
incomplete  sets  in  the  Senate  library,  and  for  binding  and 
necessary  repairs  to  the  books  in  the  Senate  library,  the 
sum  of  one  thousand  dollars,  the  same  to  be  paid  by  the 
Comptroller  on  audit  of  the  clerk  of  the  Senate  ". 

No  special  reason  has  been  presented  for  this  expendi- 
ture at  this  time,  and  I  think  it  is  unnecessary. 

Fourteenth  -  "  For  the  clerk  of  the  Assembly,  for 
engrossing  the  resolutions  ordered  by  the  Assembly,  five 
hundred  dollars,  or  so  much  thereof  as  may  be  necessary, 
to  be  paid  upon  the  certificate  of  the  clerk  of  the 
Assembly  ". 


66  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

The  Assembly  has  a  large  force  of  clerks.  It  would 
seem  that  the  resolutions  could  be  engrossed  by  the 
regular  clerks  within  the  usual  appropriations,  without 
extra  expense  to  the  State. 

Fifteenth  — "  For  M.  J.  Dady,  the  sum  of  four  thou- 
sand five  hundred  dollars  to  purchase  the  two  story  brick 
building  and  land  situated  at  and  adjoining  the  Kings 
county  farm  for  the  use  of  Long  Island  state  hospital, 
which  amount  was  appropriated  by  chapter  nine  hundred 
and  fifty  of  the  laws  of  eighteen  hundred  and  ninety-six, 
and  is  hereby  appropriated." 

I  am  informed  that  this  property  is  not  now  desired  for 
state  purposes. 

Sixteenth  —  '  The  sum  of  fifteen  thousand  dollars  is 
hereby  appropriated  for  the  use  of  the  State  Board  of 
Health  in  carrying  out  the  provisions  of  chapter  six  hun- 
dred and  seventy-four  of  the  laws  of  eighteen  hundred  and 
ninety-four,  relating  to  the  examination  of  cattle  for 
tuberculosis.  No  part  of  this  appropriation  shall  be  avail- 
able for  any  other  purpose  than  for  paying  claims  for 
damages  for  cattle  killed  pursuant  to  law  ". 

If  the  appropriation  for  this  purpose  was  ever  justifiable 
which  may  be  doubted,  I  think  it  is  now  generally  re- 
garded as  undesirable. 

Seventeenth  -  "  For  the  making  of  a  careful  survey 
and  investigation  of  the  oil  and  gas  regions  of  the  State 
of  New  York,  and  a  report  upon  the  same,  which  shall  be 
communicated  to  the  legislature  as  a  part  of  the  annual 
report  of  the  State  geologist,  the  sum  of  twenty-five 


VETO  OF  ITEMS  IN  A  SUPPLY  BILL.  67 

hundred  dollars,  to  be  expended  upon  the  certificate  of 
the  State  geologist  and  the  audit  of  the  Comptroller  ". 
I  think  that  the  investigations  of  this  character  should 
be  left  to  private  enterprise.  The  commercial  spirit  of 
our  people  may  I  think  be  relied  upon  to  make  all  the 
investigations  necessary  to  develop  oil  and  gas  territory. 

FRANK  S.  BLACK 


VETO  OF  ITEMS  IN  ASSEMBLY  BILL  No.  2793  — 
A  SUPPLY  BILL 

STATE  OF  NEW  YORK 

Executive  Chamber 

Albany,  May  24,  1897 

Statement  of  items  of  appropriation  objected  to  and  not  ap- 
proved, contained  in  ^Assembly  bill  number  2793  entitled  "  An 
act  making  appropriations  for  certain  expenses  of  govern- 
ment and  supplying  deficiencies  in  former  appropriations  " — 
Not  approved 

The  several  items  herein  enumerated  contained  in 
Assembly  bill  number  2793,  entitled  "  An  act  making 
appropriation  for  certain  expenses  of  government,  and 
supplying  deficiencies  in  former  appropriations  ",  are 
objected  to  and  not  approved  for  the  reasons  herein 
stated. 

First  — "  For  the  Adjutant  General,  for  deficiency  in 
appropriation  for  the  current  fiscal  year  for  the  bureau  of 
militarv  record,  five  hundred  dollars  " 


68  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

This  item  is  also  in  the  regular  supply  bill  and  is  there- 
fore disapproved  here. 

Second  — "  For  the  Secretary  of  State,  for  purchasing 
one  thousand  copies,  bound  in  full  sheep,  of  the  index  to 
the  session  laws,  from  eighteen  hundred  and  eighty-six  to 
eighteen  hundred  and  ninety-seven,  inclusive,  prepared  by 
Henry  L.  Woodward,  the  sum  of  three  thousand  dollars; 
such  copies  to  be  delivered  to  the  Secretary  of  State  be- 
fore January  first,  eighteen  hundred  and  ninety-eight, 
and  distributed  one  each  to  the  persons,  boards  and  com- 
missions, except  town  and  village  clerks,  entitled  to 
receive  copies  of  the  session  laws,  pursuant  to  section 
forty-six  of  the  legislative  law  ". 

In  1896  the  legislature  passed  a  resolution  directing  the 
clerk  of  the  Assembly  to  cause  to  be  prepared  a  general 
index  of  the  laws  from  1886  to  1896,  and  print  one  thou- 
sand copies.  I  am  informed  that  this  work  has  been  done 
and  that  the  index  is  now  in  the  hands  of  the  public 
printer.  The  above  item  is  for  the  publication  of  an  index 
prepared  by  private  enterprise,  and  while  the  distribution 
of  the  index  prepared  by  the  clerk  of  the  Assembly  will 
not  l)e  distributed  to  all  of  the  officers  named  in  this  item, 
additional  copies  may  be  hereafter  procured  and  a  further 
distribution  made.  An  appropriation  for  the  work  done 
by  the  clerk  of  the  Assembly  is  contained  in  the  regular 
supply  bill  and  is  approved.  I  do  not  think  that  another 
appropriation  should  be  made  now  for  the  purchase  of  a 
similar  book. 


VETO  OF  ITEMS  IN  A  SUPPLY  BILL.  69 

Third  — "  For  the  Comptroller,  for  expenses  in  mak- 
ing appraisal  and  inventory  of  property  owned  by  the 
State,  ten  thousand  dollars,  or  so  much  thereof  as  may  be 
necessary  ". 

The  annual  reports  of  the  managers  cf  the  various  in- 
stitutions contain  ample,  if  not  complete  inventories  of 
the  property  of  the  State  under  their  charge.  There  is, 
however,  a  large  amount  of  property  of  the  State  which 
is  not  and  could  not  be  included  in  these  reports,  and  I 
think  it  is  very  desirable  to  make  at  an  early  day  a  com- 
plete inventory  of  all  of  the  property,  real  and  personal, 
owned  by  the  State,  but  I  think  the  work  can  properly 
be  postponed  for  a  short  time,  and  this  item  is  therefore 
disapproved. 

Fourth  — "  For  John  B.  Stanchfield,  for  expenses  and 
disbursements  incurred  by  him,  and  for  services  in  the  de- 
fense of  Eugene  F.  Vacheron,  Member  of  Assembly  in  and 
for  the  third  district  of  Queens  county  for  the  year  eigh- 
teen hundred  and  ninety-six,  the  sum  of  three  thousand 
dollars  ". 

I  think  that  a  Member  of  Assembly  charged  with  an 
offense  committed  even  in  his  official  capacity,  unless 
under  very  peculiar  and  extraordinary  circumstances 
should  employ  and  pay  his  own  counsel.  There  is  nothing 
in  this  case  which  I  think  justifies  the  payment  by  the 
State  of  the  counsel  fees  of  Mr.  Vacheron. 

Fifth  — "  For  the  Superintendent  of  State  Prisons,  for 
tools,  machinery,  guards,  team  work  and  other  require- 
ments necessary  for  the  proper  construction  and  repair, 


70  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

by  the  use  of  convict  labor,  of  such  highways  in  the 
vicinity  of  Sing  Sing  prison  as  said  superintendent  may 
deem  it  for  the  best  interest  in  the  State  to  so  construct 
or  repair,  the  sum  of  three  thousand  five  hundred  dollars, 
payable  from  the  capital  fund  of  Sing  Sing  prison." 

While  there  may  be  no  objection  to  the  use  of  convict 
labor  in  making  and  repairing  highways  in  the  vicinity  of 
State  prisons,  I  do  not  think  the  State  should  purchase 
the  materials  and  bear  all  the  expense.  The  localities 
should  not  be  relieved  from  all  the  expense  in  doing  this 
work,  simply  because  they  are  near  the  prisons. 

Sixth  —  "  For  the  Commissioners  of  Fisheries,  Game 
and  Forest,  the  sum  of  nineteen  hundred  and  fifty  dollars, 
or  so  much  thereof  as  may  be  necessary,  for  the  purpose 
of  copying,  engraving  and  printing  the  map  of  the  forest 
preserve  in  the  counties  of  Ulster,  Delaware,  Greene  and 
Sullivan  ". 

I  am  not  aware  of  any  immediate  necessity  for  the  pub- 
lication of  the  map  described  in  this  item. 

Seventh  — "  For  the  library  of  the  Supreme  Court  in 
the  city  of  Kingston,  the  sum  of  two  hundred  and  eighty 
dollars,  for  the  purchase  of  a  set  of  Federal  Cases,  to  be 
paid  on  bill  to  be  audited  by  the  majority  of  the  trustees 
having  charge  of  said  library  ". 

I  am  informed  that  this  library  will  receive  six  hundred 
dollars  from  the  general  law  library  appropriation.  The 
books  referred  to  in  this  item  should  be  purchased,  if 
needed,  from  that  appropriation. 

FRANK  S.  BLACK 


OMNIBUS  VETO.  71 

OMNIBUS  VETO 
LIST  OF  BILLS  REMAINING  UNSIGNED 

STATE  OF  NEW  YORK 

Executive  Chamber 

Albany,  May  24,  1897 

The  following  bills  remaining  in  my  hands  and  pre- 
viously undisposed  of  are  not  approved  because  of 
defective  drafting,  questionable  propriety,  objectionable 
provisions,  duplication  of  bills  already  signed,  non-action 
by  the  cities  which  they  affect  as  is  required  by  the  Con- 
stitution, or  non-approval  by  the  mayors  of  the  cities 
which  they  affect  within  the  fifteen  days  specified  by  the 
Constitution. 

FRANK  S.  BLACK 


Senate  Bill  No.  869,  entitled  "  An  act  to  provide  for 
the  purchase  and  distribution  of  the  statutes  of  the  state." 

Senate  Bill  No.  1624,  entitled  "An  act  making  an  ap- 
propriation for  the  Eastern  New  York  Reformatory  for 
the  erection  of  buildings,  purchase  of  materials  and  ex-' 
penses  of  the  commissioners." 

Senate  Bill  No.  1651,  entitled  "An  act  authorizing  the 
charter  of  a  vessel  for  the  naval  militia,  and  appropriating 
two  thousand  dollars  therefor." 

Senate  Bill  Xo.  1652,  entitled  "An  act  to  provide  for 
the  construction  of  certain  buildings  upon  Swinburne 


72  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

Island  for  the  use  of  the  quarantine  establishment  of  the 
port  of  New  York,  and  making  an  appropriation  there- 
for." 

Assembly  Bill  No.  164,  entitled  "  An  act  providing  for 
the  erection  of  a  state  armory  in  the  village  of  Medina, 
Orleans  county,  the  acquisition  of  a  site  therefor,  and 
making  an  appropriation  for  building  said  armory." 

Assembly  Bill  No.  997,  entitled  "  An-  act  making  an 
appropriation  to  compensate  the  commissioners  ap- 
pointed by  the  governor  by  an  order  dated  the  eighteenth 
day  of  February,  eighteen  hundred  and  ninety-six,  to  in- 
quire into  the  charges  preferred  against  Edward  J.  H. 
Tamsen,  as  sheriff  of  the  city  and  county  of  New  York, 
and  to  compensate  the  stenographer  to  said  commission 
for  his  services  therein." 

Assembly  Bill  No.  2459,  entitled  "  An  act  to  appro- 
priate money  for  the  construction  of  additional  buildings 
for  the  New  York  State  Woman's  Relief  Corps  Home." 

Assembly  Bill  No.  2573,  entitled  "  An  act  making  an 
appropriation  for  repairing  and  enlarging  the  state  ar- 
mory heretofore  erected  for  the  use  of  the  forty-seventh 
regiment,  national  guard  of  the  state  of  New  York." 

o  o 

Assembly  Bill  No.  2577,  entitled  "'  An  act  to  provide 
lor  the  establishment  of  a  fish  hatchery  in  the  town  of 
Schroon,  county  of  Essex,  for  the  propagation  of  food  or 
commercial  fishes." 

Assembly  Bill  No.  2685,  entitled  "  An  act  to  provide  for 
the  completion  of  the  bridge  over  the  inlet  to  Otisco  lake, 


OMNIBUS  VETO.  73 

in  the  county  of  Onondaga,  and  making  an  appropriation 
therefor." 

Assembly  Bill  No.  2767,  entitled  "  An  act  to  provide 
for  the  repayment  of  the  balance  of  the  money  paid  by 
the  chamberlain  of  the  city  of  Albany  to  the  superin- 
tendent of  public  works,  for  the  construction  of  the  new 
lift  or  hoist-bridge  across  the  Erie  canal,  at  Water  street, 
in  the  city  of  Albany." 

Assembly  Bill  No.  2781,  entitled  "An  act  to  provide 
for  the  completion  of  the  twenty-third  regiment  armory 
in  the  city  of  Brooklyn." 

Senate  Bill  No.  413,  entitled  "An  act  to  amend  chap- 
ter nine  hundred  and  ninety-eight  of  the  laws  of  eighteen 
hundred  and  ninety-six,  entitled  '  An  act  to  provide  for 
the  abatement  and  prevention  of  nuisances  in  and  about 
Newtown  creek,  in  the  city  of  Brooklyn,  and  in  the  city 
of  Long  Island  City,  and  to  provide  for  the  construction 
and  maintenance  of  sewers  for  such  purposes.'  ' 

Senate  Bill  No.  478,  entitled  "  An  act  to  authorize  the 
construction,  maintenance  and  operation  of  a  free  public 
draw-bridge  over  Newtown  creek,  between  the  cities  of 
Brooklyn  and  Long  Island  City." 

Senate  Bill  No.  926,  entitled  "  An  act  to  amend  chapter 
five  hundred  and  eighty-three  of  the  laws  of  eighteen 
hundred  and  eighty-eight,  entitled  '  An  act  to  revise  and 
combine  in  a  single  act  all  existing  special  and  local  laws 
affecting  public  interests  in  the  city  of  Brooklyn/  in  rela- 
tion to  tees  of  certain  officers." 


74  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

Senate  Bill  No.  1131,  entitled  "An  act  preventing  the 
opening  or  laying  out  of  Woodbine  street,  from,  at  or 
near  the  boundary  line  of  the  county  of  Kings  and  Queens 
to  Myrtle  avenue  in  the  county  of  Queens,  a  distance  of 
about  four  hundred  feet,  and  changing  the  maps  accord- 
ingly." 

Senate  Bill  No.  1273,  entitled  "An  act  in  relation  to 
the  construction,  maintenance  and  operation  of  railways 
upon  Hooper  street,  between  Kent  avenue  and  Broad- 
way, in  the  city  of  Brooklyn." 

Senate  Bill  No.  1435,  entitled  "  An  act  relating  to  the 
improvement  of  Belmont  avenue  and  Crystal  street  in 
the  city  of  Brooklyn  and  to  provide  the  means  therefor." 

Senate  Bill  No.  1441,  entitled  "  An  act  in  relation  to 
Hall  street  and  Saint  James'  place,  in  the  city  of  Brook- 
lyn, and  regulating  the  construction  and  operation  of 
railroads  upon  said  streets." 

Senate  Bill  No.  1532,  entitled  "An  act  to  provide  for 
the  purchase  or  acquisition  by  eminent  domain  by  the 
city  of  Brooklyn  of  the  stock,  assets,  franchises  and  prop- 
erty of  incorporated  water  companies  having  property  in 
the  thirtieth  ward  of  said  city." 

Senate  Bill  No.  1545,  entitled  "An  act  in  relation  to 
the  construction,  maintenance  and  operation  of  railways 
on  Bedford  avenue  in  the  city  of  Brooklyn." 

Assembly  Bill  No.  400,  entitled  "  An  act  to  authorize 
and  empower  the  auditor  of  the  city  of  Brooklyn  to  audit 


OMNIBUS  VETO.  75 

and  the  comptroller  of  said  city  to  pay  the  claim  of 
Warren  H.  Doolittle  for  his  services  as  assistant  c,lerk  of 
a  justice's  court  in  the  city  of  Brooklyn." 

Assembly  Bill  No.  450,  entitled  "  An  act  in  relation  to 
Norman  avenue,  Monitor  street,  Montrose  avenue  and 
Heyward  street,  in  the  city  of  Brooklyn." 

Assembly  Bill  No.  496,  entitled  "  An  act  to  reduce  the 
width  of  Avenue  M,  in  the  thirty-second  ward  of  the  city 
of  Brooklyn." 

Assembly  Bill  No.  718,  entitled  "  An  act  to  confirm  the 
appointment  of  certain  firemen  in  the  city  of  Brooklyn." 

Assembly  Bill  No.  1033,  entitled  "  An  act  closing  a 
portion  of  the  old  road  from  Flatbush  to  Bedford  known 
as  the  '  Old  Clove  road,'  in  the  city  of  Brooklyn." 

Assembly  Bill  No.  1197,  entitled  "An  act  to  amend 
chapter  five  hundred  and  eighty-three  of  the  laws  of  eigh- 
teen hundred  and  eighty-eight,  entitled  '  An  act  to  revise 
and  combine  in  a  single  act  all  existing  special  and  local 
laws  affecting  public  interests  in  the  city  of  Brooklyn,'  in 
relation  to  granting  permits  for  booths  and  stands." 

Assembly  Bill  No.  1238,  entitled  "  An  act  to  provide  for 
the  erection  of  gates  and  walls  and  other  improvements 
of  certain  park  lands  in  the  city  of  Brooklyn,  and  to  pro- 
vide the  means  therefor." 

Assembly  Bill  No.  1399,  entitled  "An  act  to  authorize 
the  building  of  a  pier  in  the  eighth  ward  of  the  city  of 
Brooklyn,  and  to  provide  the  means  therefor." 


76  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

Assembly  Bill  No.  1440,  entitled  "  An  act  in  relation  to 
the  construction,  maintenance  and  operation  of  railways 
on  Prospect  place  in  the  city  of  Brooklyn." 

Assembly  Bill  No.  1442,  entitled  "  An  act  in  relation  to 
the  construction,  maintenance  and  operation  of  railroads 
upon  East  Eighteenth  street  in  the  city  of  Brooklyn." 

Assembly  Bill  No.  1444,  entitled  "  An  act  in  relation  to 
the  construction,  maintenance  and  operation  of  railways 
on  Bedford  avenue  in  the  city  of  Brooklyn." 

Assembly  Bill  No.  1723,  entitled  "  An  act  in  relation  to 
railroads  in  Twelfth  street,  Fourteenth  street,  Prospect 
avenue,  Avenue  B,  Newkirk  avenue,  Lynden  boulevard 
and  Lennox  road  in  the  city  of  Brooklyn." 

Assembly  Bill  No.  1/62,  entitled  "  An  act  to  authorize 
the  common  council  of  the  city  of  Brooklyn  to  alter  the 
commissioners'  map  of  said  city  by  extending  Surf  avenue 
to  the  east  and  to  improve  said  avenue." 

Assembly  Bill  No.  1781,  entitled  "An  act  to  authorize 
the  improvement  of  Hancock  street  from  Ralph  avenue 
to  Broadway,  in  the  city  of  Brooklyn,  New  York,  and  to 
provide  the  means  therefor." 

Assembly  Bill  No.  1841,  entitled  "An  act  to  amend 
chapter  one  thousand  of  the  laws  of  eighteen  hundred 
and  ninety-six,  entitled  '  An  act  to  abolish  the  office  of 
constable  in  the  city  of  Brooklyn,  and  creating  city  mar- 
shals, and  defining  their  duties  and  compensation.'  ' 

Assembly  Bill  No.  1846,  entitled  "  An  act  to  authorize 
the  mayor  of  the  city  of  Brooklyn,  county  of  Kings,  to 


OMNIBUS  VETO.  77 

appoint  a  board  of  trustees  for  the  control  of  a  cemetery 
comprising  six  acres,  more  or  less,  located  on  Church 
lane  near  East  Eighty-ninth  street  in  the  thirty-second 
ward,  city  of  Brooklyn,  county  of  Kings." 

Assembly  Bill  No.  1865,  entitled  "  An  act  to  provide 
for  improvements  in  streets  and  highways  in  cities  con- 
taining over  eight  hundred  thousand  and  less  than  four- 
teen hundred  thousand  inhabitants." 

Assembly  Bill  No.  1898,  entitled  "  An  act  in  relation  to 
Vermont  avenue,  from  Jamaica  avenue  to  Eastern  park- 
way, in  the  city  of  Brooklyn." 

Assembly  Bill  No.  1930,  entitled  "An  act  to  amend  chap- 
ter four  hundred  and  thirty-eight  of  the  laws  of  eighteen 
hundred  and  seventy-seven,  entitled  '  An  act  to  create  a 
police  pension  fund  for  disabled  and  retired  policemen  in 
the  city  of  Brooklyn,'  providing  that  the  police  pension 
fund  shall  be  paid  monthly  instead  of  quarterly." 

Assembly  Bill  No.  1937,  entitled  "  An  act  in  relation  to 
the  construction,  maintenance  or  operation 'of  railroads 
in  Throop  avenue,  Lewis  avenue,  Glenada  place  and 
Albany  avenue  in  the  city  of  Brooklyn." 

Assembly  Bill  No.  1976,  entitled  "  An  act  in  relation  to 
the  construction,  maintenance  and  operation  of  railroads 
in  Cumberland  street,  Carlton  avenue,  Clinton  avenue, 
Washington  avenue  and  Grand  avenue  in  the  city  of 
Brooklyn." 

Assembly  Bill  No.  2023,  entitled  "  An  act  in  relation  to 
the  construction,  maintenance  and  operation  of  railways 


78  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

on    Cropsey    avenue,    between    Fourteenth    avenue    and 
Twenty-fourth  avenue  in  the  city  of  Brooklyn." 

Assembly  Bill  No.  2150,  entitled  "  An  act  in  relation  to 
the  construction,  maintenance  and  operation  of  railways 
on  Enfield  street  in  the  city  of  Brooklyn." 

Assembly  Bill  No.  2209,  entitled  "  An  act  to  amend 
chapter  one  hundred  and  one  of  the  laws  of  eighteen  hun- 
dred and  ninety-five,  entitled  '  An  act  in  relation  to  im- 
provements in  and  about  the  Wallabout  market  property 
in  the  city  of  Brooklyn,  and  making  an  appropriation 
therefor/  relative  to  the  sum  authorized  to  be  expended 
by  the  commissioner  of  city  works,  and  the  issuing  of 
bonds." 

Assembly  Bill  No.  2275,  entitled  "  An  act  relating  to 
the  improvement  of  Waterbury  street  in  the  city  of 
Brooklyn,  and  to  provide  the  means  therefor." 

Assembly  Bill  No.  2287,  entitled  "  An  act  to  close  an 
old  road  in  the  thirty-first  ward  of  the  city  of  Brooklyn." 

Assembly 'Bill  No.  2327,  entitled  "  An  act  in  relation  to 
construction,  maintenance  or  operation  of  railroads  in 
Saint  Mark's  place.  Warren  street,  Bedford  avenue,  New 
York  avenue,  Saint  Mark's  avenue  and  Brooklyn  avenue 
in  the  city  of  Brooklyn." 

Assembly  Bill  No.  2372,  entitled  "  An  act  concerning 
the  settlement  and  collection  of  arrearages  of  unpaid  taxes 
and  assessments  in  the  thirty-first  ward  of  the  city  of 
Brooklyn,  late  the  town  of  Gravesend,  and  of  installments 


OMNIBUS  VETO.  79 

of  assessments  directed  by  law  to  be  hereafter  levied,  and 
imposing  and  levying  a  tax  assessment  and  lien  in  lieu 
and  instead  of  such  arrearages  and  installments,  and  to 
enforce  the  payment  thereof,  and  to  provide  for  deficien- 
cies by  reason  of  such  settlement." 

Assembly  Bill  No.  2553,  entitled  "  An  act  in  relation  to 
the  construction,  maintenance  or  operation  of  railroads 
in  Second  avenue,  Fourth  avenue,  Sixth  avenue,  Seventh 
avenue,  Eighteenth  avenue,  Sixtieth  street  and  Seventy- 
ninth  street  in  the  city  of  Brooklyn." 

Assembly  Bill  No.  2581,  entitled  "  An  act  in  relation  to 
the  construction,  maintenance  and  operation  of  railways 
tipon  Hooper  street  and  Penn  street  between  Kent  avenue 
and  Broadway  in  the  city  of  Brooklyn." 

Assembly  Bill  No.  2683,  entitled  "  An  act  to  amend 
chapter  eight  hundred  and  fifty-seven  of  the  laws  of  eigh- 
teen hundred  and  ninety-six,  entitled  '  An  act  in  relation 
to  the  construction  and  management  of  the  public  drive- 
way and  parkway  in  the  city  of  Brooklyn,  authorized  and 
acquired  under  and  in  pursuance  of  the  provisions  of 
chapter  seven  hundred  and  fifty-eight  of  the  laws  of  eigh- 
teen hundred  and  ninety-four,  entitled  '  An  act  to  provide 
for  the  selection,  laying  out,  construction  and  main- 
tenance of  a  public  driveway  and  parkway,  and  for  the 
acquisition  of  riparian  rights  in  connection  therewith  in 
any  county  of  this  state  which  contains  a  city,  the  popula- 
tion of  which  city  is  in  excess  of  eight  hundred  thousand, 
and  the  boundaries  of  which  citv  are  not  coterminous 


8o  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

with  those  of  said  county,  and  also  providing  for  the 
means  of  payment  therefor  and  maintenance  thereof,  and 
creating  a  department  of  parks  for  said  county/  as 
amended  by  chapter  nine  hundred  and  thirty-one  of  the 
laws  of  eighteen  hundred  and  ninety-five.'  ' 

Assembly  Bill  No.  2742,  entitled  "  An  act  to  amend 
chapter  five  hundred  and  sixty-nine  of  the  laws  of  eigh- 
teen hundred  and  ninety-four,  entitled  '  An  act  in  relation 
to  the  Wallabout  market  lands  in  the  city  of  Brooklyn,' 
as  the  same  was  amended  by  chapter  eight  hundred  and 
fifty-nine  of  the  laws  of  eighteen  hundred  and  ninety-six, 
entitled  '  An  act  to  amend  chapter  five  hundred  and  sixty- 
nine  of  the  laws  of  eighteen  hundred  and  ninety-four,' 
entitled  '  An  act  in  relation  to  the  Wallabout  market 
lands  in  the  city  of  Brooklyn.'  ' 

Assembly  Bill  No.  2773,  entitled  "  An  act  to  provide  for 
the  purchase  of  a  site  for  an  armory  in  the  city  of  Brook- 
lyn and  making  an  appropriation  therefor,  and  to  provide 
for  the  taking  of  real  estate  for  such  site  by  commission, 
in  case  the  same  cannot  be  purchased  by  agreement." 

Senate  Bill  No.  1306,  entitled  "  An  act  authorizing  the 
common  council  of  the  city  of  Auburn  to  purchase  land 
to  be  used  for  the  purposes  of  a  public  park;  issue  the 
bonds  of  the  city  in  payment  therefor  and  of  the  expenses 
connected  therewith;  raise  the  amount  necessary  to  pay 
and  retire  said  bonds  and  maintain  and  keep  said  park  in 
proper  condition  and  repair  by  tax  after  submitting  the 


OMNIBUS  VETO.  81 

question  to  the  taxpayers  of  said  city,  and  procuring  an 
affirmative  vote  thereon." 

Senate  Bill  No.  676,  entitled  "  An  act  in  relation  to  the 
consent  of  property  owners  to  the  construction  of  a  street 
railway  on  Louisiana  street  in  the  city  of  Buffalo." 

Senate  Bill  No.  1480,  entitled  "  An  act  to  amend  chap- 
ter five  hundred  and  seventy-four  of  the  laws  of  eighteen 
hundred  and  ninety-five,  entitled  '  An  act  to  authorize  the 
city  of  Buffalo  to  accept,  purchase  or  acquire  lands  to 
furnish  a  more  direct  outlet  for  the  waters  of  Cazenovia 
creek  and  Buffalo  river,  and  improve  channels  through 
the  same  for  the  purpose  of  preventing  and  abating  floods 
in  the  fifth  ward  of  said  city." 

Senate  Bill  No.  1623,  entitled  "  An  act  to  authorize  the 
city  of  Buffalo  to  use  land  acquired  pursuant  to  chapter 
five  hundred  and  forty-seven  of  the  laws  of  eighteen  hun- 
dred and  sixty-four,  entitled  '  An  act  to  authorize  the 
common  council  of  the  city  of  Buffalo  to  lay  out  a  public 
ground  for  the  purpose  of  maintaining  and  protecting  a 
sea  wall  or  break-water  along  the  shore  or  margin  of  Lake 
Erie  '  for  a  public  street  or  highway." 

Assembly  Bill  No.  2298,  entitled  "  An  act  to  provide 
for  the  payment  of  a  certain  local  assessment  against 
state  property  in  the  city  of  Buffalo,  and  making  an  ap- 
propriation therefor." 

Assembly  Bill  No.  2650,  entitled  "  An  act  to  amend  the 
charter  of  the  city  of  Buffalo,  in  relation  to  inferior  courts 
of  criminal  jurisdiction." 


82  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

Assembly  Bill  No.  2196,  entitled  "An  act  to  amend 
chapter  one  hundred  and  five  of  the  laws  of  eighteen 
hundred  and  ninety-one,  entitled  '  An  act  to  revise  the 
charter  of  the  city  of  Buffalo  '  and  the  several  acts  amend- 
atory thereof  and  supplementary  thereto,  in  relation  to 
taxes." 

Assembly  Bill  No.  2707,  entitled  "  An  act  to  amend 
chapter  seven  hundred  and  eighty-eight  of  the  laws  of  the 
year  eighteen  hundred  and  ninety-six,  entitled  '  An  act 
to  authorize  the  city  of  Buffalo  to  issue  its  bonds  for  the 
purpose  of  raising  money  to  construct,  maintain,  extend, 
repair  and  regulate  water-works." 

Assembly  Bill  No.  1704,  entitled  "An  act  to  amend 
chapter  one  hundred  and  five  of  the  laws  of  eighteen 
hundred  and  ninety-one,  entitled  '  An  act  to  revise  the 
charter  of  the  city  of  Buffalo,'  and  the  acts  amendatory 
thereof,  in  relation  to  the  municipal  court." 

Assembly  Bill  No.  2644,  entitled  "  An  act  to  amend 
chapter  one  hundred  and  five  of  the  laws  of  eighteen  hun- 
dred and  ninety-one,  entitled  '  An  act  to  revise  the  charter 
of  the  city  of  Buffalo/  as  amended  by  chapter  eight  hun- 
dred and  five  of  the  laws  of  eighteen  hundred  and  ninety- 
five." 

Assembly  Bill  No.  2326,  entitled  "  An  act  to  amend 
chapter  six  hundred  and  seventy-one  of  the  laws  of  eigh- 
teen hundred  and  ninety-two,  entitled  '  An  act  to  revise, 
consolidate  and  amend  the  several  acts  relating  to  the 
government  of  the  city  of  Cohoes.'  ' 


OMNIBUS  VETO.  83 

Assembly  Bill  No.  1817,  entitled  "An  act  to  amend 
section  one  of  chapter  three  hundred  and  eighty  of  the 
laws  of  eighteen  hundred  and  ninety-two,  entitled  '  An  act 
to  provide  for  increasing  the  water  supply  of  the  city  of 
Dunkirk.'  " 

Senate  Bill  No.  1296,  entitled  "  An.act  to  amend  chap- 
ter six  hundred  and  fifteen  of  the  laws  of  eighteen  hundred 
and  ninety-four,  entitled  '  An  act  to  revise  the  charter  of 
the  city  of  Elmira.'  ' 

Assembly  Bill  No.  2540,  entitled  "  An  act  to  amend 
chapter  eighty-four  of  the  laws  of  eighteen  hundred  and 
eighty-six,  entitled  '  An  act  to  incorporate  the  city  of 
Jamestown/  as  amended  by  chapter  one  hundred  and 
thirty-four  of  the  laws  of  eighteen  hundred  and  ninety, 
and  further  amended  by  chapter  nine  hundred  and  eighty- 
one  of  the  laws  of  eighteen  hundred  and  ninety-six,  in 
relation  to  the  acquisition  of  property  for  water  pur- 
poses." 

Assembly  Bill  No.  2582,  entitled  "  An  act  to  amend 
chapter  five  hundred  and  sixty-eight  of  the  laws  of  eigh- 
teen hundred  and  ninety-five,  entitled  '  An  act  to  incor- 
porate the  city  of  Johnstown.'  ' 

Assembly  Bill  No.  2131,  entitled  "An  act  to  amend 
chapter  seven  hundred  and  forty-seven  of  the  laws  of 
eighteen  hundred  and  ninety-six,  entitled  '  An  act  to  re- 
vise and  consolidate  the  several  acts  in  relation  to  the  city 
of  Kingston,  to  revise  the  charter  of  said  city,  and  to 
establish  a  city  court  therein  and  define  its  jurisdiction 
and  powers.'  ' 


84  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

Senate  Bill  No.  1031,  entitled  "  An  act  to  amend  chap- 
ter five  hundred  and  sixty-five  of  the  laws  of  eighteen 
hundred  and  ninety-five,  entitled  '  An  act  to  incorporate 
the  city  of  Little  Falls/  and  acts  amendatory  thereof." 

Senate  Bill  No.  1396,  entitled  "  An  act  to  authorize  the 
city  of  Little  Falls  to  procure  a  site  and  erect  thereon 
certain  public  buildings,  and  creating  a  commission  for 
such  purpose." 

Senate  Bill  No.  1680,  entitled  "  An  act  to  authorize  the 
city  of  Lockport  to  appropriate  moneys  from  its  poor 
fund  for  the  maintenance  of  a  provident  wood  yard." 

Assembly  Bill  No.  2230,  entitled  "  An  act  to  authorize 
the  establishment  and  operation  of  a  system  of  lighting 
the  city  of  Lockport  with  electric  light,  and  to  empower 
the  common  council  of  said  city  to  raise  the  necessary 
funds  for  that  purpose." 

board  of  supervisors  of  Queens  county  to  incorporate  into 
the  countv  road  system  of  said  county  part  of  Thompson 
avenue  in  Long  Island  City  and  to  issue  bonds  for  the 
improvement  thereof,  to  be  assessed  against  Long  Island 
City." 

Senate  Bill  No.  410,  entitled  "  An  act  to  provide  addi- 
tional school  accommodations  in  Long  Island  City." 

Senate  Bill  No.  411,  entitled  "  An  act  to  amend  chapter 
one  hundred  of  the  laws  of  eighteen  hundred  and  seventy- 
nine,  entitled  '  An  act  relating  to  and  to  reduce  the  ex- 
penses of  the  city  government  of  Long  Island  City.'  ' 


OMNIBUS  VETO.  85 

Senate  Bill  No.  412,  entitled  "  An  act  for  the  improve- 
ment of  the  fire  department  of  Long  Island  City." 

Senate  Bill  No.  645,  entitled  "  An  act  to  amend  chapter 
six  hundred  and  forty-four  of  the  laws  of  eighteen  hun- 
dred and  ninety-three,  entitled  '  An  act  to  create  a  general 
improvement  commission  and  provide  for  certain  im- 
provements in  the  highways,  streets,  avenues,  boulevards 
and  public  places  in  Long  Island  City.'  ' 

Senate  Bill  No.  776,  entitled  "  An  act  to  amend  chapter 
four  hundred  and  sixty-one  of  the  laws  of  eighteen  hun- 
dred and  seventy-one,  entitled  '  An  act  to  revise  the  char- 
ter of  Long  Island  City.'  ' 

Assembly  Bill  No.  1062,*  entitled  "  An  act  to  complete 
the  improvements  on  portions  of  Grand  avenue  and  Main 
street  in  Long  Island  City,  and  to  provide  for  the  pay- 
ment thereof." 

Assembly  Bill  No.  1665,  entitled  "  An  act  authorizing 
the  general  improvement  commission  of  Long  Island  City 
to  audit  the  claim  of  Amelia  L.  A.  Bach." 

Assembly  Bill  No.  2231,  entitled  "An  act  to  amend 
chapter  five  hundred  and  thirty-five  of  the  laws  of  eigh- 
teen hundred  and  eighty-eight,  entitled  '  An  act  to  incor- 
porate the  city  of  Middletown,'  relating  to  the  extension 
of  the  boundaries  thereof." 

Assembly  Bill  No.  1274,  entitled  "An  act  to  establish 
'  a  sinking  fund  commission  '  in  the  city  of  Mount  Ver- 

o  * 

non,  and  providing  for  the  investment  of  the  money  in 
the  sinking  fund  of  said  city." 


86  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

Assembly  Bill  No.  1676,  entitled  "An  act  to  amend 
chapter  seven  hundred  and  ten  of  the  laws  of  eighteen 
hundred  and  ninety-five,  entitled  '  An  act  to  establish  the 
office  of  comptroller  in  the  city  of  Mount  Vernon,  pro- 
viding for  the  appointment  of  such  officer  and  defining 
his  rights  and  duties.'  ' 

Assembly  Bill  No.  1679,  entitled  "An  act  to  amend 
chapter  one  hundred  and  eighty-two  of  the  laws  of  eigh- 
teen hundred  and  ninety-two,  entitled  '  An  act  to  incor- 
porate the  city  of  Mount  Vernon,'  as  amended  by  chapter 
one  hundred  and  eighty  of  the  laws  of  eighteen  hundred 
and  ninety-five,  relating  to  the  police  department." 

Assembly  Bill  No.  1957,  entitled  "  An  act  to  amend 
chapter  one  hundred  and  eighty-two  of  the  laws  of  eigh- 
teen hundred  and  ninety-two,  entitled  '  An  act  to  incor- 
porate the  city  of  Mount  Vernon,'  and  the  acts  amend- 
atory thereof,  relative  to  general  provisions." 

Assembly  Bill  No.  2548,  entitled  "  An  act  to  amend 
chapter  five  hundred  and  forty-one  of  the  laws  of  eighteen 
hundred  and  sixty-five,  entitled  '  An  act  to  incorporate 
the  city  of  Newburgh, '  and  the  several  acts  amendatory 
thereof." 

Senate  Bill  No.  1040,  entitled  "  An  act  to  amend  chap- 
ter five  hundred  and  forty-one  of  the  laws  of  eighteen 
hundred  and  sixty-five,  entitled  '  An  act  to  incorporate 
the  city  of  Newburgh,'  and  the  several  acts  amendatory 
thereof." 


OMNIBUS  VETO.  87 

Senate  Bill  No.  1041,  entitled  "  An  act  to  amend  sec- 
tion six  of  chapter  forty-nine  of  the  laws  of  eighteen  hun- 
dred and  ninety-three,  entitled  '  An  act  to  provide  for  the 
construction  of  a  sewer  in  the  city  of  Newburgh/  as 
amended  by  chapter  four  hundred  and  forty-one  of  the 
laws  of  eighteen  hundred  and  ninety-four." 

Assembly  Bill  No.  2646,  entitled  "  An  act  to  amend 
chapter  one  hundred  and  forty-three  of  the  laws  of  eigh- 
teen hundred  and  ninety-two,  entitled  '  An  act  to  incor- 
porate the  city  of  Niagara  Falls,'  and  the  act  amendatory 
thereof,  and  to  repeal  certain  sections  thereof." 

Senate  Bill  No.  1566,  entitled  "  An  act  to  amend  chap- 
ter four  hundred  and  twenty-five  of  the  laws  of  eighteen 
hundred  and  ninety-six,  entitled  '  An  act  to  amend  the 
charter  of  the  city  of  Poughkeepsie.'  ' 

Assembly  Bill  No.  2434,  entitled  "  An  act  to  amend 
chapter  four  hundred  and  twenty-five  of  the  laws  of  eigh- 
teen hundred  and  ninety-six,  entitled  '  An  act  to  amend 
the  charter  of  the  city  of  Poughkeepsie,'  and  to  repeal 
certain  sections  thereof." 

Assembly  Bill  Xo.  2620,  entitled  "  An  act  to  amend 
chapter  four  hundred  and  twenty-five  of  the  laws  of  eigh- 
teen hundred  and  ninety-six,  entitled  '  An  act  to  amend 
the  charter  of  the  city  of  Poughkeepsie.'  ' 

Assembly  Bill  No.  2253,  entitled  "  An  act  to  create  a 
fund  to  be  known  as  the  public  school  teachers'  retire- 
ment fund  of  Rochester." 


88  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

Assembly  Bill  No.  2565,  entitled  "  An  act  to  authorize 
and  empower  the  common  council  of  the  city  of  Roches- 
ter to  purchase  a  suitable  site  for  the  erection  of  an 
arsenal  for  the  national  guard  and  naval  militia." 

Assembly  Bill  No.  2211,  entitled  "An  act  to  amend 
chapter  one  hundred  and  ninety-eight  of  the  laws  of  eigh- 
teen hundred  and  ninety-three,  entitled  '  An  act  to  provide 
a  system  of  sewerage  for  the  city  of  Rome/  relative  to  re- 
paying and  refunding  sums  to  certain  parties." 

Senate  Bill  No.  1592,  entitled  "  An  act  to  amend  chap- 
ter one  hundred  and  forty-seven  of  the  laws  of  eighteen 
hundred  and  ninety,  entitled  '  An  act  to  authorize  the 
common  council  of  the  city  of  Schenectady  to  lay  out  a 
public  street  over  and  upon  certain  lands  in  said  city 
lying  between  the  Erie  canal  and  the  blue  line  of  said 
canal  on  the  southerly  side  thereof,  and  to  cause  the  same 
to  be  graded,  paved,  flagged  and  improved.'  ' 

Assembly  Bill  No.  2639,  entitled  "  An  act  to  amend 
chapter  four  hundred  and  eighty-five  of  the  laws  of  eigh- 
teen hundred  and  eighty-three,  entitled,  '  An  act  in  rela- 
tion to  the  construction  of  sewers  in  the  city  of  Schenec- 
tady, and  to  authorize  the  common  council  of  said  city 
to  borrow  money  for  that  purpose,'  as  amended  by  chap- 
ter eight  hundred  and  sixty-seven  of  the  laws  of  eighteen 
hundred  and  ninety-six,  relative  to  the  issue  of  bonds." 

Assembly  Bill  No.  2679,  entitled  "  An  act  to  amend 
chapter  one  hundred  and  forty-seven  of  the  laws  of  eigh- 
teen hundred  and  ninetv,  entitled  '  An  act  to  authorize 


OMNIBUS  VETO.  89 

the  common  council  of  the  city  of  Schenectady  to  lay  out 
a  public  street  over  and  upon  certain  lands  in  said  city 
lying  between  the  Erie  canal  and  the  blue  line  of  said 
canal,  on  the  southerly  side  thereof,  and  to  cause  the  same 
to  be  graded,  paved,  flagged  and  improved.' ' 

Senate  Bill  No.  161,  entitled  "An  act  to  provide  for 
the  municipal  ownership,  construction  and  maintenance 
of  subways  in  the  city  of  Syracuse,  New  York,  and  for 
placing  wires  underground." 

Senate  Bill  No.  865,  entitled  "  An  act  to  further  amend 
chapter  twenty-six  of  the  laws  of  eighteen  hundred  and 
eighty-five,  entitled  '  An  act  to  revise,  amend  and  con- 
solidate the  several  acts  in  relation  to  the  city  of  Syracuse, 
and  to  revise  and  amend  the  charter  of  said  city.'  ' 

Senate  Bill  No.  1353,  entitled  "  An  act  to  further  amend 
chapter  twenty-six  of  the  laws  of  eighteen  hundred  and 
eighty-five,  entitled  '  An  act  to  revise,  amend  and  con- 
solidate the  several  acts  in  relation  to  the  city  of  Syracuse, 
and  to  revise  and  amend  the  charter  of  said  city.'  ' 

Assembly  Bill  No.  1234,  entitled  "  An  act  to  amend 
chapter  twenty-six  of  the  laws  of  eighteen  hundred  and 
eighty-five,  entitled  '  An  act  to  revise,  amend  and  con- 
solidate the  several  acts  in  relation  to  the  city  of  Syracuse, 
and  to  revise  and  amend  the  charter  of  said  city,'  and  the 
act  amendatory  thereof,  and  to  amend  chapter  seven  hun- 
dred and  four  of  the  laws  of  eighteen  hundred  and  ninety- 
six,  relating  to  the  fire  department." 


9<D  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

Assembly  Bill  No.  1310,  entitled  "An  act  to  amend 
chapter  five  hundred  and  nine  of  the  laws  of  eighteen 
hundred  and  ninety-two,  entitled  '  An  act  to  provide  for 
the  police  pension  fund  for  the  Syracuse  police  force,' 
relative  to  bail  bonds,  fines  and  warrant  issued  by  police 
justice." 

Assembly  bill  No.  1938,  entitled  "  An  act  to  amend 
chapter  twenty-six  of  the  laws  of  eighteen  hundred  and 
eighty-five,  entitled  '  An  act  to  revise,  amend  and  con- 
solidate the  several  acts  in  relation  to  the  city  of  Syra- 
cuse, and  to  revise  and  amend  the  charter  of  said  city,'  and 
the  act  amendatory  thereof,  relative  to  officers  of  the 
city." 

Assembly  Bill  No.  2152,  entitled  "An  act  to  authorize 
the  city  of  Syracuse  to  levy  a  tax  to  provide  the  means 
to  defray  the  cost  of  constructing  a  steel  girder  bridge 
and  abutments  over  Onondaga  creek,  in  West  Water 
street,  in  the  city  of  Syracuse,  and  the  approaches  to  said 
bridge  on  the  west." 

Assembly  Bill  No.  2208,  entitled  "  An  act  to  amend 
chapter  twenty-six  of  the  laws  of  eighteen  hundred  and 
eighty-five,  entitled  '  An  act  to  revise,  amend  and  con- 
solidate the  several  acts  in  relation  to  the  city  of  Syracuse, 
and  to  revise  and  amend  the  charter  of  said  city,'  as 
amended  by  chapter  three  hundred  and  seventy-six  of  the 
laws  of  eighteen  hundred  and  ninety-one,  relative  to  the 
expense  and  support  of  the  fire  department." 


OMNIBUS  VETO.  91 

Assembly  Bill  No.  2257,  entitled  "  An  act  to  amend 
chapter  twenty-six  of  the  laws  of  eighteen  hundred  and 
eighty-five,  entitled  '  An  act  to  revise,  amend  and  con- 
solidate the  several  acts  in  relation  to  the  city  of  Syracuse, 
and  to  revise  and  amend  the  charter  of  said  city,'  and  the 
act  amendatory  thereof  and  supplementary  thereto." 

Assembly  Bill  No.  2591,  entitled  "  An  act  to  further 
amend  chapter  twenty-six  of  the  laws  of  eighteen  hundred 
and  eighty-five,  entitled  '  An  act  to  revise,  amend  and  con- 
solidate the  several  acts  in  relation  to  the  city  of  Syracuse, 
and  to  revise  and  amend  the  charter  of  said  city.' ' 

Senate  Bill  No.  538,  entitled  "  An  act  providing  for 
retiring  and  pensioning  policemen  in  the  city  of  Utica." 

Assembly  Bill  No.  606,  entitled  "  An  act  to  exempt  the 
real  estate  of  the  Masonic  association  of  Utica,  New 
York,  of  the  city  of  Utica,  Oneida  county,  from  taxation 
and  assessments." 

Assembly  Bill  No.  2474,  entitled  "  An  act  to  amend 
chapter  four  hundred  and  sixteen  of  the  laws  of  eighteen 
hundred  and  ninety-three,  entitled  '  An  act  in  relation  to 
the  city  court  of  Yonkers.'  ' 

Senate  Bill  No.  694,  entitled  "  An  act  for  the  govern- 
ment of  cities  of  the  second  class." 

Senate  Bill  No.  1333,  entitled  "'  An  act  relating  to  the 
adult  blind  in  cities." 

Senate  Bill  No.  1627,  entitled  "An  act  to  regulate  the 
use  of  lands  forming  part  of  the  right  of  way  of  any 


92  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

railroad  company,  the  road  of  which  has  been  removed 
from  the  surface  in,  or  adjacent  to,  streets  and  highways 
in  all  cities  of  the  first  class  in  this  state." 

Assembly  Bill  No.  2616,  entitled  "An  act  requiring 
any  person,  persons,  or  associations  of  persons  doing  busi- 
ness as  private  bankers  in  any  city  of  the  first  class  in  this 
state,  to  file  bonds  for  the  security  of  certain  depositors." 

Senate  Bill  No.  479,  entitled  "  An  act  to  amend  section 
ten  hundred  and  forty-two  of  the  code  of  civil  procedure, 
relative  to  the  drawing  of  jurors  in  certain  counties." 

Senate  Bill  No.  771,  entitled  "  An  act  to  amend  section 
six  hundred  and  ten  of  the  code  of  civil  procedure,  relating 
.  to  injunction  orders." 

Senate  bill  No.  852,  entitled  "  An  act  to  amend  section 
four  hundred  and  ninety-seven  of  the  code  of  civil  pro- 
cedure, relative  to  amendments  in  certain  cases  after 
decision  of  demurrer." 

Senate  Bill  No.  935,  entitled  "  An  act  to  amend  the 
code  of  civil  procedure,  relative  to  actions  to  recover  real 
property." 

Senate  Bill  No.  1195,  entitled  "An  act  to  amend  sec- 
tion two  hundred  and  forty-eight  of  the  code  of  civil  pro- 
cedure, relating  to  the  papers  and  opinions  to  be  furnished 
to  the  reporter." 

Senate  bill  No.  1377,  entitled  "  An  act  to  amend  section 
nine  hundred  and  eighty  of  the  code  of  civil  procedure, 
relative  to  the  postponement  of  trials." 


OMNIBUS  VETO.  93 

Senate  Bill  No.  1483,  entitled  "  An  act  to  amend  the 
code  of  civil  procedure,  in  relation  to  the  service  of  jury 
notices." 

Senate  Bill  No.  1512,  entitled  "An  act  to  amend  sec- 
tion nineteen  hundred  and  two  of  the  code  of  civil  pro- 
cedure, relative  to  an  action  for  causing  death  by 
negligence,  et  cetera." 

Senate  Bill  No.  1573,  entitled  "An  act  to  amend  the 
code  of  civil  procedure,  relative  to  judgment  creditors' 
actions." 

Senate  Bill  No.  1625,  entitled  "An  act  to  amend  sec- 
tion twenty-six  hundred  and  sixty-nine  of  the  code  of  civil 
procedure,  relative  to  the  appointment  of  public  admin- 
istrator in  the  county  of  Kings." 

Assembly  Bill  No.  863,  entitled  "  An  act  to  amend 
subdivision  five  of  section  twenty-eight  hundred  and 
sixty-nine  of  the  code  of  civil  procedure,  relating  to  the 
jurisdiction  of  justices  of  the  peace  of  certain  towns." 

Assembly  Bill  No.  1696,  entitled  "  An  act  to  amend 
section  twenty-eight  hundred  and  eighty-six  of  the  code 
of  civil  procedure,  relative  to  attorneys  in  justices' 
courts." 

Assembly  Bill  No.  1878,  entitled  "  An  act  to  amend  the 
code  of  civil  procedure,  relative  to  actions  to  recover  real 
property." 

Assembly  Bill  No.  2310,  entitled  "An  act  to  amend 
sections  thirty-two  hundred  and  sixty-eight  and  thirty- 
two  hundred  and  seventy-two  of  the  code  of  civil  pro- 
cedure, relating  to  city  court  of  Albany." 


94  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

Assembly  Bill  No.  2455,  entitled  "  An  act  to  amend 
title  twelve,  article  first  of  the  code  of  civil  procedure  by 
adding  thereto  a  new  section  to  be  known  as  section 
twenty-four  hundred  and  thirty-seven-a,  relating  to  sup- 
plementary proceedings." 

Assembly  Bill  No.  2776,  entitled  "  An  act  to  amend 
section  thirty-three  hundred  and  fourteen  of  the  code  of 
civil  procedure,  relative  to  fees  of  jurors." 

Senate  Bill  No.  1143,  entitled  "  An  act  to  amend  sec- 
tion two  hundred  and  five  of  the  code  of  criminal  pro- 
cedure, relating  to  depositions." 

Senate  Bill  No.  1192,  entitled  "  An  act  to  amend  the 
code  of  criminal  procedure,  in  relation  to  practice  on 
appeals." 

Assembly  Bill  No.  2527,  entitled  "  An  act  to  amend  the 
code  of  criminal  procedure,  relative  to  appeals  in  criminal 
cases,  and  proceedings  against  fugitives  from  justice." 

Assembly  Bill  No.  2704,  entitled  "  An  act  to  amend 
section  four  hundred  and  eighty-four  of  the  code  of  crim- 
inal procedure,  relative  to  power  to  remit  fines  and  im- 
prisonment in  case  of  failure  to  pay  fine." 

Senate  Bill  No.  1186,  entitled  "An  act  to  amend  sec- 
tion six  hundred  and  sixty-three  of  the  penal  code,  rela- 
tive to  cruelty  to  animals." 

Assembly  Bill  No.  1443,  entitled  "  An  act  to  amend  the 
penal  code,  prohibiting  the  sale  of  horse  flesh  as  an  article 
of  food." 


OMNIBUS  VETO.  95 

Assembly  Bill  No.  1850,  entitled  "  An  act  to  amend  the 
penal  code,  relating  to  frauds  on  owners  and  managers 
of  steamboats." 

Assembly  Bill  No.  2232,  entitled  "  An  act  to  amend  the 
penal  code,  relative  to  servile  labor." 

Senate  Bill  No.  204,  entitled  "  An  act  to  incorporate 
the  Ward's  Island  Bridge  company  for  the  purpose  of  con- 
structing and  maintaining  a  permanent  bridge  for  pas- 
senger and  other  traffic  over  the  waters  between  the 
twenty-third  ward  of  New  York  city  and  Long  Island 
City,  in  the  state  of  New  York,  together  with  all  neces- 
sary connections,  appurtenances  and  approaches  thereto 
and  stations." 

Senate  Bill  No.  1007,  entitled  "  An  act  to  amend  chap- 
ter ten  hundred  and  thirty-eight  of  the  laws  of  eighteen 
hundred  and  ninety-five,  entitled  '  An  act  to  revise  and 
amend  the  articles  of  incorporation  of  the  Union  Veteran 
Protective  Association,'  in  relation  to  the  holding  of 
annual  meetings." 

Senate  Bill  No.  1039,  entitled  "  An  act  in  relation  to 
the  Newburgh  and  Cochecton  turnpike  road." 

Senate  Bill  No.  1266,  entitled  "An  act  to  change  the 
corporate  name  of  'The  Lutheran  League  of  Rochester,' 
to  '  The  Lutheran  Mission  Union  of  Rochester,  New 
York.'  " 

Senate  Bill  No.  1456,  entitled  "  An  act  to  change  the 
corporate  name  of  the  '  Central  Throat  Hospital  and 
Polyclinic  Dispensary,'  of  Brooklyn." 


96  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

Senate  Bill  No.  1464,  entitled  "  An  act  to  exempt  the 
University  Settlement  Society  of  New  York  and  the 
Educational  Alliance  from  taxation,  assessment  and  water 
rates." 

Senate  Bill  No.  1465,  entitled  "  An  act  to  change  the 
name  of  the  C.  J.  Purcell  company  of  the  city  of  New 
York." 

Senate  Bill  No.  1618,  entitled  "  An  act  concerning  cer- 
tain corporations." 

Assembly  Bill  No.  1264,  entitled  "An  act  to  confer 
upon  the  Round  Lake  Association  the  right  to  condemn 
property  for  the  purpose  of  supplying  its  grounds,  resi- 
dents and  visitors  with  pure  and  wholesome  water." 

Assembly  Bill  No.  1469,  entitled  "  An  act  releasing  cer- 
tain real  estate  of  the  '  Union  Methodist  Episcopal 
church  '  in  the  city  of  New  York  from  the  taxes  fo'r  the 
year  eighteen  hundred  and  ninety-four." 

Assembly  Bill  No.  2149,  entitled  "An  act  to  change 
the  corporate  name  of  '  The  Lutheran  League  of 
Rochester.'  " 

Assembly  Bill  No.  2195,  entitled  "An  act  to  incor- 
porate The  Accounting  Guarantee  Company." 

Assembly  Bill  No.  2258,  entitled  "  An  act  to  authorize 
the  Hillside  Cemetery  association  of  Middletown  to  raise 
money  for  the  improvement  of  its  cemetery." 

Assembly  Bill  No.  2384,  entitled  "  An  act  in  relation  to 
corporations  organized  for  the  purpose  of  transmitting 
letters  and  packages  through  tubes  by  pneumatic  or  other 
power,  and  providing  for  an  annual  franchise  tax  thereon." 


OMNIBUS  VETO  97 

Assembly  Bill  No.  2508,  entitled  "  An  act  in  relation  to 
the  Long  Island  Historical  society." 

Assembly  Bill  No.  2614,  entitled  "  An  act  to  incor- 
porate the  New  York  Realty  Bond  and  Exchange  com- 
pany." 

Assembly  Bill  No.  2672,  entitled  "  An  act  for  the  relief 
of  certain  manufacturing  corporations  incorporated  under 
the  provisions  of  chapter  forty  of  the  laws  of  eighteen 
hundred  and  forty-eight,  entitled  '  An  act  to  authorize 
the  formation  of  corporations  for  manufacturing,  mining, 
mechanical  or  chemical  purposes.'  ' 

Assembly  Bill  No.  2752,  entitled  "  An  act  to  amend 
chapter  four  hundred  and  sixty-four  of  the  laws  of  eigh- 
teen hundred  and  eighty-six,  entitled  '  An  act  to  improve 
the  road  leading  from  Buffalo  to  the  village  of  Williams- 
ville,  from  the  city  line  to  Ellicott  creek,  and  commonly 
known  as  the  Main  street  road.'  ' 

Assembly  Bill  No.  413,  entitled  "An  act  to  legalize, 
ratify  and  confirm  certain  acts  and  proceedings  of  the 
board  of  supervisors  of  Broome  county." 

Assembly  Bill  No.  779,  entitled  "  An  act  to  incorporate 
the  county  police  of  Chautauqua  county." 

Senate  Bill  No.  884,  entitled  "  An  act  to  refund  to  the 
county  of  Erie  the  unexpended  balance  of  money  raised 
by  it  for  the  acquiring  of  a  site  for  the  state  armory  in 
the  village  of  Tonawanda,  county  of  Erie,  as  provided 
for  by  chapter  three  hundred  and  sixty-one  of  the  laws 
of  eighteen  hundred  and  ninety-four." 


98  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

Assembly  Bill  No.  1973,  entitled  "An  act  to  amend 
chapter  twelve  of  the  laws  of  eighteen  hundred  and  ninety- 
six,  entitled  '  An  act  in  relation  to  the  county  court  of 
Kings  county,  and  the  appointment  of  clerks  and  assist- 
ants therein,  and  the  disposition  of  the  records  of  the 
former  court  of  sessions  in  Kings  county/  relative  to  the 
removal  of  deputy  clerk;  compensation  fixed  by  judges." 

Senate  Bill  No.  1168,  entitled  "  An  act  empowering  the 
justices  of  the  supreme  court  resident  in  Kings  county 
to  amend  a  certain  order  transferring  employees  of  the 
city  court  of  Brooklyn  to  the  supreme  court." 

Assembly  Bill  No.  2731,  entitled  "  An  act  to  amend 
chapter  one  hundred  and  fifty-one  of  the  laws  of  eighteen 
hundred  and  forty-four,  entitled  '  An  act  to  authorize  the 
construction  of  a  timber,  plank  or  hard  road  from  Salina, 
in  the  county  of  Onondaga,  to  Central  Square,  in  the 
county  of  Oswego,'  chapter  three  hundred  and  forty-two 
of  the  laws  of  eighteen  hundred  and  sixty-seven,  en- 
titled '  An  act  to  amend  an  act  entitled  "  An  act  to 
authorize  the  construction  of  a  timber,  plank  or  hard 
road  from  Salina,  in  the  county  of  Onondaga,  to  Central 
Square,  in  the  county  of  Oswego,"  passed  April  twelve, 
eighteen  hundred  and  forty-four,'  relating  to  rates  of  toll 
and  statement  of  receipts  and  disbursements." 

Assembly  Bill  No.  2544,  entitled  "  An  act  to  repeal 
chapter  three  hundred  and  twenty-two  of  the  laws  of 
eighteen  hundred  and  eighty-two  and  the  acts  amend- 
atory thereof,  and  to  provide  for  the  assignment  of  lands 


OMNIBUS  VETO  99 

bid  in  by  the  county  of  Oswego  for  the  non-payment  of 
taxes  to  the  several  towns  in  such  counties  and  the  city  of 
Oswego." 

Senate  Bill  No.  1510,  entitled  "  An  act  to  amend  chap- 
ter three  hundred  and  six  of  the  laws  of  eighteen  hundred 
and  ninety-five,  entitled  '  An  act  concerning  the  settle- 
ment, adjustment  and  collection  of  arrears  of  unpaid 
taxes  and  assessments  in  the  county  of  Queens,  and  im- 
posing and  levying  a  tax,  assessment  and  lien  in  lieu  and 
instead  of  such  arrearage,  and  to  enforce  payment 
thereof.'  " 

Assembly  Bill  No.  2445,  entitled  "  An  act  to  amend 
chapter  two  hundred  and  sixty-eight  of  the  laws  of  eigh- 
teen hundred  and  seventy-seven,  entitled  '  An  act  in  rela- 
tion to  the  collection  of  taxes  and  the  sales  of  land  there- 
for in  certain  towns  of  Queens  county,'  relative  to 
publication  by  county  treasurer  of  the  list  of  unpaid  taxes 
and  assessments  and  notice  of  sale  and  compensation  to 
newspapers." 

Assembly  Bill  No.  2363,  entitled  "  An  act  to  create  the 
office  of  commissioner  of  jurors  for  the  county  of 
Richmond." 

Senate  Bill  No  1653,  entitled  "  An  act  imposing  a  tax 
upon  the  property,  real  and  personal,  of  the  county  of 
Schuyler,  and  requiring  the  board  of  supervisors  of  the 
county  of  Schuyler  to  levy  and  collect  said  tax.  and  pay 
the  same  to  the  state  treasurer  for  and  on  account  of  the 
general  funds  of  the  state,  to  be  applicable  to  the  pay- 
ment of  the  ordinary  and  current  expenses  of  the  state." 


IOO  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

Assembly  Bill  No.  2252,  entitled  "  An  act  to  make  the 
expenses  of  prisoners  charged  with,  or  convicted  of, 
crimes  less  than  a  felony,  and  committed  to  the  jail  of 
Washington  county,  town  charges." 

Senate  Bill  No.  1671,  entitled  "  An  act  conferring 
jurisdiction  upon  the  board  of  claims  to  hear  and  de- 
termine the  claim  of  James  Hall  against  the  state,  and 
to  make  an  award  therefor." 

Assembly  Bill  No.  348,  entitled  "  An  act  conferring 
jurisdiction  upon  the  board  of  claims  to  rehear,  audit  and 
determine  the  amount  of  the  claim  of  Jane  E.  Lynch,  as 
administratrix  of  the  goods,  chattels  and  credits  of  Morris 
Lynch,  deceased,  against  the  state,  and  to  make  an  award 
therefor." 

Assembly  Bill  No.  438,  entitled  "  An  act  to  amend 
chapter  ten  hundred  and  seventeen  of  the  laws  of  eigh- 
teen hundred  and  ninety-five,  entitled  '  An  act  to  author- 
ize the  board  of  claims  to  hear,  audit  and  determine 
certain  claims  of  the  city  of  Rochester  against  the  state.'  ' 

Assembly  Bill  No.  1044,  entitled  "  An  act  conferring 
jurisdiction  upon  the  board  of  claims  to  hear,  audit  and 
determine  the  claim  of  Thomas  Gilgan  against  the  state 
of  New  York." 

Assembly  Bill  No.  1065,  entitled  "  An  act  to  confer 
jurisdiction  on  the  board  of  claims  to  hear,  audit  and 
determine  the  claim  of  Abiel  B.  Parks  against  the  state 
for  loss  of  title  to  certain  lands  in  Sullivan  county." 


OMNIBUS  VETO  101 

Assembly  Bill  No.  1343,  entitled  "An  act  to  confer 
authority  upon  the  court  of  claims  to  hear,  try  and  de- 
termine the  claim  of  the  Onondaga  Pottery  Company 
against  the  state." 

Assembly  Bill  No.  1703,  entitled  "  An  act  to  ratify  and 
legalize  the  claim  of  J.  Smith  McMaster,  and  to  confer 
jurisdiction  upon  the  board  of  claims  to  hear,  audit  and 
determine  the  same." 

Assembly  Bill  No.  2106,  entitled  "  An  act  conferring 
jurisdiction  upon  the  court  of  claims  to  hear  and  deter- 
mine the  claim  ot  the  American  Glucose  company 
against  the  state,  and  to  make  an  award  therefor." 

Assembly  Bill  No.  2500,  entitled  "  An  act  conferring 
jurisdiction  upon  the  board  of  claims  to  hear,  audit  and 
determine  the  amount  of  the  claim  of  Andrew  W.  Mor- 
hous  against  the  state,  and  to  make  an  award  therefor." 

Assembly  Bill  No.  2676,  entitled  "  An  act  conferring 
jurisdiction  upon  the  court  of  claims  to  hear  and  deter- 
mine the  claim  of  Irving  F.  Cragin  against  the  state,  and 
to  make  an  award  therefor." 

Senate  Bill  No.  389,  entitled  "  An  act  to  amend  the 
game  law,  and  the  acts  amendatory  thereof,  relating  to 
the  taking  of  fish  by  drawing  off  waters  from  ponds  or 
reservoirs." 

Senate  Bill  No.  729,  entitled  "  An  act  to  amend  the 
fisheries,  game  and  forest  law,  in  relation  to  fish  in  Lake 
Ontario  and  other  waters." 


IO2  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

Senate  Bill  No.  977,  entitled  "  An  act  amending  the 
game  law,  and  the  act  amendatory  thereof,  in  relation  to 
certain  fish  that  may  be  caught  through  the  ice  in  lakes 
and  waters  named." 

Senate  Bill  No.  979,  entitled  "  An  act  to  amend  the 
fisheries,  game  and  forest  law,  in  relation  to  grouse  and 
other  birds." 

Senate  Bill  No.  1017,  entitled  "An  act  providing  for 
the  publication  and  distribution  of  the  fisheries,  game  and 
forest  laws." 

Senate  Bill  No.  1090,  entitled  "An  act  to  amend  the 
fisheries,  game  and  forest  law,  in  regard  to  use  of  nets  in 
Jamaica  Bay  and  adjacent  waters." 

Senate  Bill  No.  1096,  entitled  "  An  act  to  amend  the 
game  law,  in  relation  to  black  and  gray  squirrels,  hares 
and  rabbits." 

Senate  Bill  No.  1448,  entitled  "  An  act  to  amend  the 
game  law." 

Senate  Bill  No.  1460,  entitled  "  An  act  to  amend  the 
game  law,  relating  to  fishing  in  Fall  creek,  in  the  city 
of  Ithaca,  New  York." 

Senate  Bill  No.  1495,  entitled  "  An  act  to  amend  the 
fisheries,  game  and  forest  law;,  in  relation  to  taking  stur- 
geon with  set  lines  in  part  of  the  waters  of  the  Thousand 
Islands." 

Senate  Bill  No.  1634,  entitled  "An  act  to  amend  the 
fisheries,  game  and  forest  law,  in  relation  to  disseminat- 
ing knowledge  concerning  birds  and  wild  animals." 


OMNIBUS  VETO  103 

Assembly  Bill  No.  886,  entitled  "  An  act  to  amend  the 
game  law,  and  the  act  amendatory  thereof,  relating  to 
the  right  of  protectors  to  make  search  or  examination." 

Assembly  Bill  No.  2155,  entitled  "  An  act  to  amend  the 
game  law,  relating  to  hounds  and  other  dogs  running  at 
large  in  localities  where  deer  inhabit." 

Assembly  Bill  No.  2324,  entitled  "  An  act  to  amend 
chapter  three  hundred  and  ninety-five  of  the  laws  of  eigh- 
teen hundred  and  ninety-five,  entitled  '  An  act  to  amend 
the  game  law  and  to  repeal  chapter  three  hundred  and 
thirty-two  of  the  laws  of  eighteen  hundred  and  ninety- 
three,  entitled  '  An  act  in  relation  to  the  forest  preserve 
and  Adirondack  park,  constituting  articles  six  and  seven 
of  chapter  forty-three  of  the  general  laws,'  "  as  amended 
by  chapter  six  hundred  and  fifty-five  of  the  laws  of  eigh- 
teen hundred  and  ninety-six,  relating  to  compensation  of 
fire  wardens  and  assistants  in  Sullivan  county." 

Assembly  Bill  No.  2447,  entitled  "  An  act  to  amend 
the  fisheries,  game  and  forest  law,  and  the  act  amendatory 
thereof,  to  provide  for  the  protection  of  elk." 

Assembly  Bill  No.  2515,  entitled  "  An  act  to  amend  the 
fisheries,  game  and  forest  law,  and  the  act  amendatory 
thereof,  in  relation  to  the  disposal  of  the  amount  recov- 
ered in  actions  by  the  people." 

Assembly  Bill  No.  2622,  entitled  "  An  act  to  amend  the 
fisheries,  game  and  forest  law,  relating  to  digging  sand 
and  other  worms  on  the  shores  of  Queens  and  Suffolk 
counties." 


IO4  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

Assembly  Bill  No.  2654,  entitled  "  An  act  to  amend 
the  fisheries,  game  and  forest  law,  and  the  act  amendatory 
thereof,  relating  to  the  possession  of  venison." 

Assembly  Bill  No.  2656,  entitled  "  An  act  to  amend 
the  game  law,  and  the  act  amendatory  thereof,  relating  to 
the  close  season  for  black  bass  in  Crystal  lake,  town  of 
Rensselaerville,  Albany  county." 

Assembly  Bill  No.  2701,  entitled  "An  act  to  amend 
the  fisheries,  game  and  forest  law,  and  the  act  amendatory 
thereof,  in  relation  to  the  use  of  nets." 

Assembly  Bill  No.  2710,  entitled  "  An  act  to  amend  the 
game  law,  and  the  act  amendatory  thereof,  relating  to 
close  season  for  salmon  trout  and  land-locked  salmon." 

Assembly  Bill  No.  2729,  entitled  "  An  act  to  amend 
the  fisheries,  game  and  forest  law,  and  the  act  amendatory 
thereof,  relating  to  the  sale  of  dead  wild  bird  skins."' 

Assembly  Bill  No.  2777,  entitled  "  An  act  in  relation  to 
fishing  for  sturgeon  in  the  waters  of  Lake  Ontario." 

Assembly  Bill  No.  2012,  entitled  "An  act  to  amend 
chapter  three  hundred  and  thirty-eight  of  the  laws  of 
eighteen  hundred  and  ninety-three,  entitled  '  An  act  in 
relation  to  agriculture,  constituting  articles  one,  two, 
three,  four  and  five  of  chapter  thirty-three  of  the  general 
laws.'  " 

Senate  Bill  No.  1369,  entitled  "An  act  to  amend  the 
banking  law." 

Senate  Bill  No.  1504,  entitled  "  An  act  to  amend  an  act 
entitled  '  the  banking  law,'  constituting  chapter  thirty- 


OMNIBUS  VETO  105 

seven  of  the  general  laws,  in  relation  to  directors  of  banks 
and  elections  thereof." 

Senate  Bill  No.  1606,  entitled  "  An  act  to  amend  chap- 
ter six  hundred  and  eighty-nine  of  the  laws  of  eighteen 
hundred  and  ninety-two,  entitled  '  An  act  in  relation  to 
banking  corporations/  as  amended  by  chapter  seven  hun- 
dred and  five  of  the  laws  of  eighteen  hundred  and  ninety- 
four." 

Assembly  Bill  No.  2323,  entitled  "  An  act  to  amend  an 
act  entitled  *  An  act  in  relation  to  benevolent  orders,  con- 
stituting chapter  forty-one  of  the  general  laws.'  ' 

Senate  Bill  No.  815,  entitled  "  An  act  to  amend  the 
consolidated  school  law,  in  relation  to  the  alteration  of 
school  districts." 

Assembly  Bill  No.  2444,  entitled  "  An  act  to  amend  the 
consolidated  school  law,  and  the  act  amendatory  thereof, 
relating  to  the  condemnation  of  school  houses,  alteration 
of  school  districts,  rights,  powers  and  duties  of  commis- 
sioners, payment  of  unpaid  school  taxes  and  closing  of 
schools  during  institute  week." 

Senate  Bill  No.  980,  entitled  "  An  act  to  amend  sub- 
division thirty-eight  of  section  two  hundred  and  twenty- 
two  of  chapter  six  hundred  and  eighty-six  of  the  laws  of 
eighteen  hundred  and  ninety-two,  entitled  '  An  act  in  re- 
lation to  counties,  constituting  chapter  eighteen  of  the 
general  laws.'  ' 

Assembly  Bill  No.  1471,  entitled  "An  act  to  amend 
section  two  hundred  and  three  of  article  ten  of  chapter 


io6  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

six  hundred  and  eighty-six  of  the  laws  of  eighteen  hun- 
dred and  ninety-two,  known  as  the  county  law." 

Assembly  Bill  No.  2706,  entitled  "  An  act  to  amend  the 
county  law  as  amended  by  chapters  one  hundred  and  fifty 
and  seven  hundred  and  eighteen  of  the  laws  of  eighteen 
hundred  and  ninety-five,  relating  to  sheriffs'  office;  time 
of  keeping  open." 

Assembly  Bill  No.  2766,  entitled  "  An  act  to  amend 
chapter  six  hundred  and  eighty-six  of  the  laws  of  eighteen 
hundred  and  ninety-two,  entitled  '  An  act  in  relation  to 
counties,  constituting  chapter  eighteen  of  the  general 
laws/  in  relation  to  the  appointment  of  assistant  district 
attorneys." 

Senate  Bill  No.  1621,  entitled  "  An  act  to  amend  chap- 
ter nine  hundred  and  nine  of  the  laws  of  eighteen  hundred 
and  ninety-six,  entitled  '  An  act  in  relation  to  the  elec- 
tions, constituting  chapter  six  of  the  general  laws.'  ' 

Senate  Bill  No.  1591,  entitled  "An  act  to  amend  the 
highway  law,  relating  to  the  appointment  and  compensa- 
tion of  commissioners  for  laying  out,  altering  and  dis- 
continuing highways." 

Assembly  Bill  No.  993,  entitled  "  An  act  to  amend  sec- 
tion four  of  chapter  five  hundred  and  sixty-eight  of  the 
laws  of  eighteen  hundred  and  ninety,  entitled  '  An  act  in 
relation  to  highways,  constituting  chapter  nineteen  of  the 
general  laws,'  as  amended  by  chapter  two  hundred  and 
twelve  of  the  laws  of  eighteen  hundred  and  ninety-one,  in 
relation  to  the  free  flow  of  water  in  rivers  and  streams." 


OMNIBUS  VETO 


107 


Assembly  Bill  No.  2098,  entitled  "  An  act  to  amend  the 
highway  law,  in  relation  to  inspection  of  bridges  by  the 
state  engineer  and  surveyor." 

Assembly  Bill  No.  2319,  entitled  "An  act  to  amend 
the  highway  law,  in  relation  to  the  annual  report  of 
overseers." 

Assembly  Bill  No.  2714,  entitled  "  An  act  to  amend  the 
highway  law,  relative  to  assessment  of  highway  labor 
upon  railroad  corporations." 

Assembly  Bill  No.  2719,  entitled  "  An  act  to  amend  the 
Indian  law,  in  relation  to  the  Saint  Regis  tribe." 

Senate  Bill  No.  1020,  entitled  "  An  act  to  amend  the 
insurance  law,  relating  to  the  exemption  of  the  Supreme 
Grange  Life  Association  from  the  payment  of  two  per 
centum  on  the  amount  of  insurance  subscribed  by  the 
members  thereof  before  commencing  business." 

Senate  Bill  No.  1528,  entitled  "An  act  to  amend  sec- 
tion fifty-seven  of  chapter  six  hundred  and  ninety  of  the 
laws  of  eighteen  hundred  and  ninety-two,  entitled  'An 
act  in  relation  to  insurance  corporations,  constituting 
chapter  thirty-eight  of  the  general  laws." 

Senate  Bill  No.  1626,  entitled  "  An  act  to  amend  sec- 
tion seventy  of  chapter  six  hundred  and  ninety  of  the 
laws  of  eighteen  hundred  and  ninety-two,  entitled  '  An 
act  in  relation  to  insurance  corporations,  constituting; 
chapter  thirty-eight  of  the  general  laws.'  ' 

Senate  Bill  No.  1628,  entitled  "An  act  to  amend  the 
insurance  law,  relating  to  credit  guarantee  corporations." 


jo8  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

Assembly  Bill  No.  1672,  entitled  "  An  act  to  amend  the 
insurance  law,  relating  to  the  authority  of  an  agent  of  a 
foreign  fire  insurance  corporation." 

Senate  Bill  No.  545,  entitled  "  An  act  to  amend  the 
legislative  law  in  relation  to  the  compensation  of  officers 
and  employees  of  the  legislature." 

Assembly  Bill  No.  2786,  entitled  "  An  act  to  amend 
chapter  one  hundred  and  twelve  of  the  laws  of  eighteen 
hundred  and  ninety-six,  entitled  '  An  act  in  relation  to 
traffic  in  liquors  and  for  the  taxation  and  regulation  of 
the  same,  and  to  provide  for  local  option,  constituting 
chapter  twenty-nine  of  the  general  laws,'  relating  to  con- 
sents for  the  use  of  buildings  for  hotel  purposes." 

Senate  Bill  No.  1569,  entitled  "  An  act  to  amend  chap- 
ter five  hundred  and  fifty-nine  of  the  laws  of  eighteen 
hundred  and  ninety-five,  entitled  '  An  act  relating  to 
membership  corporations,  constituting  chapter  forty- 
three  of  the  general  laws.'  ' 

Assembly  Bill  No.  1600,  entitled  "  An  act  to  amend  the 
poor  law,  relative  to  the  support  of  Indian  poor  persons." 

Assembly  Bill  No.  2746,  entitled  "  An  act  to  amend  the 
poor  law,  relating  to  relief  to  soldiers  and  their  families 
by  any  encampment  of  the  Union  Veteran  Legion." 

Senate  Bill  No.  1250,  entitled  "An  act  to  amend  sec- 
tion one  hundred  and  forty-five  of  chapter  six  hundred 
and  sixty-one  of  the  laws  of  eighteen  hundred  and  ninety- 
three,  entitled  '  An  act  in  relation  to  the  public  health, 


OMNIBUS  VETO  109 

constituting  chapter  twenty-five  of  the  general  laws,'  as 
amended  by  chapter  one  hundred  and  eleven  of  the  laws 
of  eighteen  hundred  and  ninety-six." 

Assembly  Bill  No.  1979,  entitled  "An  act  to  amend 
chapter  six  hundred  and  sixty-one  of  the  laws  of  eighteen 
hundred  and  ninety-three  and  the  act  amendatory  thereof, 
requiring  persons  practicing  dentistry  to  display  profes- 
sional signs." 

Assembly  Bill  No.  2243,  entitled  "  An  act  to  amend 
section  one  hundred  and  forty-eight  of  chapter  six  hun- 
dred and  sixty-one  of  the  laws  of  eighteen  hundred  and 
ninety-three,  being  chapter  twenty-five  of  the  general 
laws." 

Senate  Bill  No.  835,  entitled  "  An  act  to  amend  chapter 
five  hundred  and  sixty-five  of  the  laws  of  eighteen  hun- 
dred and  ninety,  entitled  '  An  act  in  relation  to  railroads, 
constituting  chapter  thirty-nine  of  the  general  laws,'  and 
known  as  the  railroad  law,  as  amended  by  chapters  three 
hundred  and  six  and  six  hundred  and  seventy-six  of  the 
laws  of  eighteen  hundred  and  ninety-two." 

Senate  Bill  No.  1445,  entitled  "  An  act  to  amend  sec- 
tions one  hundred  and  fifty,  one  hundred  and  fifty-six  and 
one  hundred  and  sixty-nine  of  chapter  thirty-nine  of  the 
general  laws,  known  as  the  railroad  law;  to  reorganize 
the  board  of  railroad  commissioners  and  to  increase  the 
efficiency  thereof."  [Vetoed  May  19.] 

Assembly  Bill  No.  2712,  entitled  "  An  act  to  amend  the 
railroad  law,  in  relation  to  tunnel  railroads." 


HO  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

Assembly  Bill  No.  1639,  entitled  "  An  act  to  repeal  sec- 
tion two  hundred  and  seventy-four  of  the  real  property 
law,  relating  to  the  penalty  for  using  long  forms  of 
covenants." 

Assembly  Bill  No.  1017,  entitled  "  An  act  to  amend  the 
tax  law,  relating  to  taxation  of  real  property  divided  by 
line  of  tax  district." 

Assembly 'Bill  No.  1296,  entitled  "An  act  to  amend 
chapter  nine  hundred  and  eight  of  the  laws  of  eighteen 
hundred  and  ninety-six,  entitled  '  An  act  in  relation  to 
taxation,  constituting  chapter  twenty-four  of  the  general 
laws.'  " 

Assembly  Bill  No.  1522,  entitled  "  An  act  to  amend  the 
tax  law,  in  relation  to  graduate  transfer  taxes."  [Vetoed 
May  21.] 

Assembly  Bill  No.  1556,  entitled  "An  act  to  amend 
chapter  nine  hundred  and  eight  of  the  laws  of  eighteen 
hundred  and  ninety-six,  entitled  '  An  act  in  relation  to 
taxation,  constituting  chapter  twenty-four  of  the  general 
laws,'  in  relation  to  sales  for  non-payment  of  taxes  in 
Saint  Lawrence,  Lewis  and  Oneida  counties." 

Senate  Bill  No.  1643,  entitled  "  An  act  to  amend  chap- 
ter five  hundred  and  sixty-nine  of  the  laws  of  eighteen 
hundred  and  ninety,  entitled  '  An  act  in  relation  to  towns,' 
constituting  chapter  twenty  of  the  general  laws." 

Senate  Bill  No. '1572,  entitled  "An  act  to  amend  sec- 
tion eighty  of  the  transportation  corporation  law,  relating 
to  the  formation  of  water  companies." 


OMNIBUS  VETO  m 

Senate  Bill  No.  1240,  entitled  "  An  act  to  amend  chap- 
ter three  hundred  and  seventy-eight  of  the  laws  of  eigh- 
teen hundred  and  ninety-two,  known  as  '  the  university 
law.'  " 

Assembly  Bill  No.  2274,  entitled  "  An  act  to  amend 
chapter  three  hundred  and  seventy-eight  of  the  laws  of 
eighteen  hundred  and  ninety-two,  entitled  '  An  act  to 
revise  and  consolidate  the  laws  relating  to  the  university 
of  the  state  of  New  York.'  ' 

Senate  Bill  No.  1424,  entitled  "  An  act  to  amend  chap- 
ter eight  hundred  and  twenty-three  of  the  laws  of  eigh- 
teen hundred  and  ninety-five,  entitled  '  An  act  to  regulate 
barbering  on  Sunday.' ' 

Senate  Bill  No.  600,  entitled  "  An  act  to  amend  chapter 
five  hundred  and  fifty-five  of  the  laws  of  eighteen  hun- 
dred and  ninety-four,  entitled  '  An  act  to  promote  and 
encourage  a  faithful  and  efficient  service  in  the  preven- 
tion of  contagious  and  infectious  diseases,  and  to  provide 
for  a  health  department  pension  fund  in  the  city  of  New 
York,'  and  in  relation  to  pension  fund." 

Senate  Bill  No.  629,  entitled  "  An  act  to  enable  the 
board  of  fire  commissioners  of  the  city  of  New  York  to 
rehear  and  determine  the  charges  against  James  P.  Reilly, 
a  fireman  of  the  first  grade,  for  reinstatement  in  said 
department." 

Senate  Bill  No.  824,  entitled  "  An  act  authorizing  the 
board  of  estimate  and  apportionment  of  the  city  of  New 
York  to  allow  and  pay  to  Lizzie  M.  Fellows,  widow  of 


112  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

the  late  John  R.  Fellows,  district  attorney  for  the  city 
and  county  of  New  York,  a  sum  equal  to  the  remainder 
of  his  salary  from  the  city  of  New  York  for  the  unexpired 
portion  of  his  term  of  office." 

Senate  Bill  No.  872,  entitled  "  An  act  to  authorize  the 
board  of  estimate  and  apportionment  of  the  city  of  New 
York  to  audit  and  allow  the  claim  of  Adam  A.  Cross 
against  the  mayor,  aldermen  and  commonalty  of  the  city 
of  New  York." 

Senate  Bill  No.  1081,  entitled  "An  act  to  provide  for 
the  building,  operation  and  maintenance  of  a  system  of 
sewage  disposal  of  the  Bronx  river,  the  Hutchinson  river 
and  the  Westchester  creek  valleys,  in  the  counties  of  New 
York  and  Westchester." 

Senate  Bill  No.  1083,  entitled  "  An  act  to  amend  chap- 
ter six  hundred  and  ninety-six  of  the  laws  of  eighteen 
hundred  and  eighty-seven,  entitled  '  An  act  to  provide 
hospitals,  orphan  asylums  and  other  charitable  institu- 
tions in  the  city  of  New  York  with  water,  and  remitting 
assessments  therefor,'  and  the  acts  amendatory  thereof." 

Senate  Bill  No.  1282,  entitled  "  An  act  to  authorize  the 
alteration  of  section  six  of  the  final  maps  and  profiles  of 
the  twenty-third  and  twenty-fourth  wards  of  the  city  of 
New  York,  by  showing  thereon  the  extension  of  East 
One  Hundred  and  Sixty-fourth  street  from  Trinity  ave- 
nue to  Stebbins  avenue  in  the  city  of  New  York." 

Senate  Bill  No.  1293,  entitled  "An  act  to  provide  for 
the  payment  of  compensation  to  Rufus  G.  Beardslee,  for 
services  as  counsel  to  the  board  of  education  of  the  citv 


OMNIBUS  VETO  113 

of  New  York,  and  authorizing  the  board  of  estimate  and 
apportionment  of  the  city  of  New  York,  to  audit  and 
allow  the  amount  that  may  be  justly  due." 

Senate  Bill  No.  1317,  entitled  "  An  act  to  amend  chap- 
ter four  hundred  and  ten  of  the  laws  of  eighteen  hundred 
and  eighty-two,  entitled  '  An  act  to  consolidate  into  one 
act  and  to  declare  the  special  and  local  laws  affecting 
public  interests  in  the  city  of  New  York/  and  the  acts 
amendatory  thereof,  relating  to  the  fire  department  of  the 
city  of  New  York." 

Senate  Bill  No.  1503,  entitled  "  An  act  authorizing  the 
board  of  estimate  and  apportionment  of  the  city  of  New 
York  to  audit  and  allow,  and  also  authorizing  the  comp- 
troller to  pay  to  J.  Elliott  Smith  the  amount  incurred  by 
him  for  legal  services  and  disbursements." 

Senate  Bill  No.  1575,  entitled  "An  act  to  amend  sec- 
tion five  hundred  and  four  of  chapter  four  hundred  and 
ten  of  the  laws  of  eighteen  hundred  and  eighty-two,  en- 
titled '  An  act  to  consolidate  into  one  act  and  to  declare 
the  special  and  local  laws  affecting  the  public  interests  in 
the  city  of  New  York,'  as  amended  by  section  forty  of 
chapter  two  hundred  and  seventy-five  of  the  laws  of  eigh- 
teen hundred  and  ninety-two,  in  regard  to  superintendent 
of  buildings." 

Senate  Bill  No.  1587,  entitled  "  An  act  to  authorize  and 
to  provide  for  the  location  of  a  park  in  the  city  of  New 
York,  and  to  provide  for  the  acquisition  thereof." 


H4  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

Senate  Bill  No.  1590,  entitled  "An  act  to  authorize 
the  release  to  Julia  C.  Patterson  of  all  the  right,  title  and 
interest  of  the  mayor,  aldermen  and  commonalty  of  the 
city  of  New  York  in  and  to  certain  real  estate  in  the  town 
of  Patterson,  Putnam  county,  New  York." 

Senate  Bill  No.  1619,  entitled  "  An  act  for  the  relief  of 
the  Beth  Israel  Hospital  Association  from  taxes  and  water 
rents." 

Senate  Bill  No.  1705,  entitled  "An  act  to  provide  for 
the  construction  of  an  elevator  to  and  from  the  Brooklyn 
bridge." 

Assembly  Bill  No.  256,  entitled  "  An  act  to  amend 
chapter  four  hundred  and  ten  of  the  laws  of  eighteen 
hundred  and  eighty-two,  entitled  '  An  act  to  consolidate 
into  one  act  and  to  declare  the  special  and  local  laws 
affecting  public  interests  in  the  city  of  New  York,'  as 
amended  by  chapter  seven  hundred  and  eighteen  of  the 
laws  of  eighteen  hundred  and  ninety-six,  in  relation  to 
the  powers  of  the  common  council  to  make  ordinance." 

Assembly  Bill  No.  753,  entitled  "  An  act  to  create  a 
division  of  notification  in  the  department  of  finance  in  the 
city  of  New  York." 

Assembly  Bill  No.  836,  entitled  "  An  act  to  amend 
chapter  nine  hundred  and  eighty-six  of  the  laws  of  eigh- 
teen hundred  and  ninety-five,  entitled  '  An  act  to  provide 
for  the  construction  of  a  drawbridge  over  the  Harlem 
river,  connecting  the  easterly  end  of  One  Hundred  and 


OMNIBUS  VETO  115 

Forty-fifth  street  and  the  marginal  or  exterior  street  in 
the  twelfth  ward  of  the  city  of  New  York,  with  East  One 
Hundred  and  Forty-ninth  street  and  exterior  street  in 
the  twenty-third  ward  of  said  city.'  ' 

Assembly  Bill  No.  1028,  entitled  "  An  act  relating  to 
Ninth  avenue  in  the  city  of  New  York." 

Assembly  Bill  No.  1094,  entitled  "  An  act  to  amend 
chapter  four  hundred  and  ten  of  the  laws  of  eighteen 
hundred  and  eighty-two,  entitled  '  An  act  to  consolidate 
into  one  act  and  to  declare  the  s'pecial  and  local  laws 
affecting  public  interests  in  the  city  of  New  York/  as 
amended  by  chapter  seven  hundred  and  fifty-seven  of  the 
laws  of  eighteen  hundred  and  ninety-four,  relating  to 
clerks,  officers  and  attendants  of  courts." 

Assembly  Bill  No.  1235,  entitled  "An  act  to  amend 
chapter  four  hundred  and  ten  of  the  laws  of  eighteen 
hundred  and  eighty-two,  entitled  '  An  act  to  consolidate 
into  one  act  and  to  declare  the  special  and  local  laws 
affecting  public  interests  in  the  city  of  New  York/  rela- 
tive to  public  baths." 

Assembly  Bill  No.  1415,  entitled  "An  act  to  place 
under  an  annual  salary  the  jury  servers  of  the  office  of  the 
commissioner  of  jurors  of  the  city  and  county  of  New 
York." 

Assembly  Bill  No.  1445,  entitled  "  An  act  authorizing 
the  audit  and  allowance  of  the  claim  of  Henry  H.  Shill 
against  the  mayor,  aldermen  and  commonalty  of  the  city 
of  New  York." 


Ii6  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

Assembly  Bill  No.  1534,  entitled  "An  act  to  amend 
chapter  five  hundred  and  forty-five  of  the  laws  of  eigh- 
teen hundred  and  eighty-eight,  entitled  '  An  act  to  pro- 
vide for  lectures  for  workingmen  and  workingwomen/ 
as  amended  by  chapter  seventy-one  of  the  laws  of  eigh- 
teen hundred  and  ninety-one,  in  relation  to  the  public 
schools  in  New  York  city." 

Assembly  Bill  No.  1572,  entitled  "An  act  authorizing 
the  board  of  fire  commissioners  of  the  city  of  New  York 
to  inquire  into  the  facts  relating  to  the  claim  to  be 
placed  on  the  pension-roll  of  the  fire  department  of  said 
city  of  any  officer  who  has  served  as  chief  of  battalion  of 
the  uniformed  force  of  said  department,  whose  term  of 
office  or  service  was  terminated  pursuant  to  the  provi- 
sions of  section  one  hundred  and  seventeen  of  chapter 
three  hundred  and  thirty-five  of  the  laws  of  eighteen  hun- 
dred and  seventy-three,  and  if  upon  proper  investigation 
it  shall  appear  to  the  said  board  that  he  should  receive 
the  benefit  of  the  relief  fund  of  said  department." 

Assembly  Bill  No.  1675,  entitled  "An  act  to  provide 
for  the  erection  of  a  building  for  certain  purposes  relating 
to  the  public  interests  in  that  portion  of  the  city  of  New 
York  annexed  by  chapter  nine  hundred  and  thirty-four 
of  the  laws  of  eighteen  hundred  and  ninety-five." 

Assembly  Bill  No.  1725,  entitled  "  An  act  for  the  relief 
of  Congregation  Beth  Israel  Bikur  Cholim  of  the  city 
of  New  York." 

Assembly  Bill  No.  1759,  entitled  "An  act  to  ratify  the 
laying  out  of  East  river  park  in  the  city  of  New  York, 


OMNIBUS  VETO  1 1 7 

between  Eighty-fourth  and  Eighty-ninth  streets,  Avenue 
B  or  East  End  avenue  and  the  East  river,  and  empow- 
ering the  comptroller  of  the  city  of  New  York  to  refund 
the  assessments  levied  and  collected  therefor." 

Assembly  Bill  No.  1769,  entitled  "  An  act  in  relation  to 
the  real  estate  of  the  corporation  known  as  Saint  Joseph's 
seminary  of  the  city  of  New  York." 

Assembly  Bill  No.  1889,  entitled  "  An  act  to  authorize 
the  acceptance  by  the  city  of  New  York  of  the  building 
constructed  pursuant  to  chapter  three  hundred  and 
seventy-one  of  the  laws  of  eighteen  hundred  and  eighty- 
seven,  entitled  '  An  act  to  provide  for  the  erection  of  a 
building  for  criminal  courts  and  other  purposes  in  the  city 
of  New  York,'  and  to  provide  for  the  completion  thereof." 

Assembly  Bill  No.  1980,  entitled  "  An  act  to  amend 
chapter  four  hundred  and  ten  of  the  laws  of  eighteen 
hundred  and  eighty-two,  entitled  '  An  act  to  consolidate 
into  one  act  and  to  declare  the  special  and  local  laws 
affecting  public  interests  in  the  city  of  New  York,'  as 
amended  by  chapter  six  hundred  and  ten  of  the  laws  of 
eighteen  hundred  and  ninety-six,  in  relation  to  buildings 
in  said  city." 

Assembly  Bill  No.  1991,  entitled  "  An  act  to  relieve  the 
rector,  church  wardens  and  vestrymen  of  Saint  Luke's 
church  in  the  city  of  New  York  from  a  portion  of  an 
assessment  for  opening  and  extending  Saint  Nicholas 
terrace." 

Assembly  Bill  No.  1992,  entitled  "  An  act  to  relieve  the 
rector,  church  wardens  and  vestrymen  of  Saint  Luke's 


n8  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

church  in  the  city  of  New  York  from  a  portion  of  an  as- 
sessment for  opening  Convent  avenue  from  One  Hun- 
dred and  Fiftieth  street  to  Saint  Nicholas  avenue." 

Assembly  Bill  No.  2112,  entitled  "An  act  relating  to 
appointment  of  employees  of  the  fire  department  of  the 
cities  of  New  York  and  Brooklyn  to  the  uniformed  force 
of  the  said  departments." 

Assembly  Bill  No.  2291,  entitled  "  An  act  for  the  relief 
of  William  S.  Wynn  and  James  C.  Wynn." 

Assembly  Bill  No.  2421,  entitled  "  An  act  to  authorize 
the  alteration  of  section  ten  of  the  final  maps  and  pro- 
files of  the  twenty-third  and  twenty-fourth. wards  of  the 
city  of  New  York." 

Assembly  Bill  No.  2428,  entitled  "  An  act  authorizing 
and  empowering  the  comptroller  of  the  city  of  New  York 
to  cancel  and  refund  the  assessment  for  opening  Lexing- 
ton avenue  between  Ninety-seventh  and  One  Hundred 
and  Second  streets  in  the  city  of  New  York,  confirmed 
the  first  day  of  June,  eighteen  hundred  and  ninety-four, 
on  property  owned  by  the  Blinn  Memorial  Methodist 
Episcopal  church,  the  Lexington  Avenue  Baptist  church 
and  the  Saint  Cecelia  Roman  Catholic  church  and  certain 
other  property  owners." 

Assembly  Bill  No.  2484,  entitled  "  An  act  to  legalize 
and  confirm  the  action  of  James  P.  Davenport,  judge  of 
the  thirteenth  civil  district  court.  New  York  city,  in  ap- 
pointing two  attendants,  one  stenographer  and  one 
interpreter,  attached  to  said  court." 


OMNIBUS  VETO 


119 


Assembly  Bill  No.  2580,  entitled  "  An  act  to  provide 
compensation  to  the  owners  of  animals  and  cattle  de- 
stroyed pursuant  to  chapter  six  hundred  and  seventy-four 
of  the  laws  of  eighteen  hundred  and  ninety-four  and  re- 
pealing certain  acts  relating  thereto  in  the  city  of  New 
York." 

Assembly  Bill  No.  2599,  entitled  "  An  act  in  relation  to 
the  widening  of  Mott  avenue  in  the  city  of  New  York 
from  One  Hundred  and  Sixty-first  street  south  to  One 
Hundred  and  Thirty-eighth  street,  providing  for  the 
raising  of  part  of  the  expense  by  assessment  and  part  out 
of  the  fund  known  as  the  '  fund  for  street  and  park 
openings,'  in  said  city." 

Assembly  Bill  No.  2720,  entitled  "  An  act  to  exempt 
the  real  property  of  the  society  under  the  care  and  super- 
vision of  the  Paulist  Fathers  in  the  city  of  New  York, 
known  as  the  '  Spalding  Literary  Union,'  so  long  as  the 
society  shall  be  under  the  care  and  supervision  of  said 
Paulist  Fathers  and  so  long  as  said  property  is  exclusively 
occupied  by  and  used  for  the  purposes  of  said  society." 

Assembly  Bill  No.  2724,  entitled  "  An  act  for  the  relief 
of  the  Beth  Israel  Hospital  association  from  taxes  and 
water  rents." 

Senate  Bill  No.  148,  entitled  "  An  act  to  amend  chap- 
ter nine  hundred  and  seventy-eight  of  the  laws  of  eighteen 
hundred  and  ninety-six,  entitled  '  An  act  to  authorize  and 
empower  the  board  of  trustees  of  incorporated  villages 


I2O  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

of  this  state  to  contract  with  water-works  companies, 
organized  under  the  laws  of  this  state,  or  with  the  owner 
or  owners  of  water-works  for  supplying  water  for  extin- 
guishing fires  in  said  villages.'  ' 

Senate  Bill  No.  318,  entitled  "  An  act  to  amend  chapter 
six  hundred  and  two  of  the  laws  of  eighteen  hundred  and 
ninety-two,  entitled  '  An  act  to  secure  the  registration  of 
plumbers  and  the  supervision  of  plumbing  and  drainage 
in  the  cities  of  the  state  of  New  York,'  as  amended  by 
chapter  sixty-six  of  the  laws  of  eighteen  hundred  and 
ninety-three." 

Senate  Bill  No.  429,  entitled  "  An  act  to  authorize  the 
state  comptroller  to  hear  and  determine  the  application 
of  Lucie  W.  Gilmour,  for  cancellation  of  the  sale  of  eigh- 
teen hundred  and  ninety,  of  house  and  east  two-thirds  of 
section  number  seven,  Mathew  Clarkson  map  number 
seventy-five,  Clarkson  street,  Flatbush,  Kings  county,  for 
unpaid  taxes." 

Senate  Bill  No.  474,  entitled  "  An  act  to  prevent  the 
application  of  poison  to  fruit  trees  while  in  blossom." 

Senate  Bill  No.  817,  entitled  "  An  act  creating  a  com- 
missioner of  jurors  for  each  county  of  the  state  having  a 
population  of  more  than  one  hundred  and  twenty-five 
thousand  and  less  than  one  hundred  and  ninety  thousand, 
and  regulating  and  prescribing  his  duties." 

Senate  Bill  No.  971,  entitled  "An  act  to  regulate  the 
use  of  bicycles,  tricycles  and  similar  vehicles  and  to  re- 
quire uniformity  of  ordinance  affecting  the  same." 


OMNIBUS  VETO  121 

Senate  Bill  No.  1015,  entitled  "  An  act  relative  to  land 
devised  by  Michael  Flood,  deceased." 

Senate  Bill  No.  1102,  entitled  "  An  act  to  authorize  the 
secretary  of  state  to  dispose  of  certain  papers  on  file  in 
his  office." 

Senate  Bill  No.  1301,  entitled  "  An  act  to  prevent  dis- 
turbance of  religious  camp  meetings." 

Senate  Bill  No.  1357,  entitled  "  An  act  to  amend  chap- 
ter three  hundred  and  forty-eight  of  the  laws  of  eighteen 
hundred  and  eighty-five,  entitled  '  An  act  to  authorize  the 
appointment  of  stenographers  for  grand  juries,  and  to  fix 
the  compensation  of  such  stenographers,'  as  amended  by 
chapter  one  hundred  and  thirty-one  of  the  laws  of  eigh- 
teen hundred  and  eighty-six,  and  as  amended  by  chapter 
eighty-two  of  the  laws  of  eighteen  hundred  and  ninety- 
four,  and  as  amended  by  chapter  six  hundred  and  sixty-one 
of  the  laws  of  eighteen  hundred  and  ninety-five,  and  as 
amended  by  chapter  twenty-five  of  the  laws  of  eighteen 
hundred  and  ninety-seven." 

Senate  Bill  No.  1461,  entitled  "  An  act  to  amend  chap- 
ter three  hundred  and  seventy-one  of  the  laws  of  eighteen 
hundred  and  ninety-six,  entitled  '  An  act  to  authorize  the 
issuing  of  licenses  to  honorably  discharged  soldiers, 
sailors  and  marines  for  hawking,  peddling  and  vending 
of  merchandise  within  this  state.'  ' 

Senate  Bill  No.  1469,  entitled  "  An  act  to  amend  chap- 
ter one  hundred  and  forty-five  of  the  laws  of  eighteen 
hundred  and  ninety-seven,  entitled  '  An  act  to  amend 


122  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

chapter  eight  hundred  and  ninety-three  of  the  laws  of 
eighteen  hundred  and  ninety-six,  entitled  "  An  act  to  pro- 
vide for  the  appointment  of  clerks  to  certain  justices  of 
the  supreme  court  of  the  fifth  judicial  district." 

Senate  Bill  No.  1514,  entitled  "  An  act  to  amend  chap- 
ter four  hundred  and  forty-eight  of  the  laws  of  eighteen 
hundred  and  ninety-six,  entitled  '  An  act  for  the  preven- 
tion of  cruelty  to  animals,  and  empowering  certain 
societies  for  the  prevention  of  cruelty  to  animals  to  do 
certain  things.'  ' 

Senate  Bill  No.  1531,  entitled  "An  act  to  legalize  and 
confirm  the  official  acts  of  John  Larkin,  a  notary  public 
in  and  for  New  York  county." 

Senate  Bill  No.  1620,  entitled  "  An  act  to  authorize 
union  free  school  district  number  one  of  the  town  of 
Walton,  Delaware  county,  to  issue  bonds  for  the  purpose 
of  refunding  the  present  indebtedness  of  such  district." 

Senate  Bill  No.  1702,  entitled  "An  act  relating  to  the 
classification  of  court  interpreters  in  the  first  and  second 
judicial  districts." 

Senate  Bill  No.  1709,  entitled  "  An  act  entitled  '  An  act 
to  regulate  the  placing  out  of  children,  providing  that 
they  shall  only  be  placed  out  in  accordance  with  rules 
and  regulations  established  by  the  state  board  of  chari- 
ties, authorizing  the  said  board  to  make  such  rules  and 
regulations,  also  providing  that  any  violation  of  the  pro- 
visions of  this  act  shall  be  a  misdemeanor.' : 


OMNIBUS  VETO  123 

Senate  Bill  No.  1728,  entitled  "  An  act  authorizing  the 
superintendent  of  public  buildings  to  estimate  the  value 
of  the  group  of  marble  statuary  known  as  the  Struggle 
for  Liberty  and  to  consider  and  determine  the  advisability 
of  the  purchase  of  the  same  by  the  state." 

Assembly  Bill  No.  427,  entitled  "  An  act  to  amend 
chapter  four  hundred  and  eighty-two  of  the  laws  of  eigh- 
teen hundred  and  sixty-two,  entitled  '  An  act  to  provide 
for  the  collection  of  demands  against  ships  and  vessels/ 
as  amended  by  chapter  eighty-eight  of  the  laws  of  eigh- 
teen hundred  and  eighty-six,  in  relation  to  amount  of 
debt  necessary  to  constitute  lien  and  time  of  filing  lien." 

Assembly  Bill  No.  457,  entitled  "  An  act  to  amend 
chapter  six  hundred  and  ninety-nine  of  the  laws  of  eigh- 
teen hundred  and  ninety-four,  entitled  '  An  act  to  regulate 
the  sale  of  convict-made  goods,  wares  and  merchandise 
manufactured  by  convicts  in  other  states,'  relating  to 
orders  taken  by  salesmen  and  license  fees." 

Assembly  Bill  No.  625,  entitled  "  An  act  to  permit 
experiments  and  the  erection  of  bridge  for  developing  the 
power  of  Niagara  river,  at  the  city  of  Buffalo,  upon  plans 
to  be  approved  by  the  United  States  engineering  depart- 
ment to  protect  navigation." 

Assembly  Bill  No.  689,  entitled  "  An  act  to  amend 
chapter  two  hundred  and  twenty-three  of  the  laws  of 
eighteen  hundred  and  ninety,  relating  to  the  raising  of 
money  by  towns  for  the  proper  observance  of  memorial 
or  decoration  dav." 


124  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

Assembly  Bill  No.  866,  entitled  "  An  act  to  amend 
chapter  two  hundred  and  eighty  of  the  laws  of  eighteen 
hundred  and  forty-five,  entitled  '  An  act  for  the  publica- 
tion of  the  session  law's  in  two  newspapers  in  each  county 
of  this  state,'  as  amended  by  chapter  seven  hundred  and 
fifteen  of  the  laws  of  eighteen  hundred  and  ninety-two,  in 
relation  to  designation  of  newspapers." 

Assembly  Bill  No.  1193,  entitled  "An  act  to  amend 
chapter  nine  hundred  and  thirty-one  of  the  laws  of  eigh- 
teen hundred  and  ninety-six,  entitled  '  An  act  in  relation 
to  the  labeling  and  marking  of  convict-made  goods,  wares 
and  merchandise,  and  amending  the  penal  code  in  relation 
thereto,  and  repealing  certain  laws,'  relative  to  the  brand- 
ing or  stencilling  of  mats  and  matting." 

Assembly  Bill  No.  1089,  entitled  "An  act  to  amend 
chapter  four  hundred  and  ninety-seven  of  the  laws  of 
eighteen  hundred  and  eighty-six,  entitled  '  An  act  to  au- 
thorize the  villages  of  the  state  of  New  York  owning 
water-works  constructed  pursuant  to  the  provisions  of 
chapter  one  hundred  and  eighty-one  of  the  laws  of  eigh- 
teen hundred  and  seventy-five,  to  extend  their  water 
mains  beyond  their  corporate  limits,'  as  amended  by  chap- 
ter three  hundred  and  twenty-nine  of  the  laws  of  eighteen 
hundred  and  ninety-six,  relating  to  the  furnishing  of  water 
to  other  municipalities." 

Assembly  Bill  No.  1184,  entitled  "An  act  to  provide 
for  the  employment  of  convicts  at  road  building." 


OMNIBUS  VETO 


125 


Assembly  Bill  No.  1313,  entitled  "An  act  to  amend 
title  two  of  chapter  three  of  part  four  of  the  revised  stat- 
utes, as  amended  by  chapter  three  hundred  and  eighty- 
two  of  the  laws  of  eighteen  hundred  and  eighty-nine, 
relating  to  state  prisons  and  for  other  purposes  connected 
therewith." 

Assembly  Bill  No.  1317,  entitled  "An  act  to  confirm 
and  legalize  certain  concurrent  resolutions  for  printing, 
passed  by  the  legislature  of  eighteen  hundred  and  ninety- 
six,  and  certain  resolutions  passed  by  the  senate  and 
assembly,  respectively,  during  said  session,  and  for  extra 
copies  furnished  for  the  use  of  the  legislature  of  eighteen 
hundred  and  ninety-six." 

Assembly  Bill  No.  1533,  entitled  "An  act  to  amend 
chapter  two  hundred  and  fifty-five  of  the  laws  of  eighteen 
hundred  and  ninety-two,  entitled  '  An  act  to  authorize 
the  several  towns  in  this  state  to  establish  lamp  or  light- 
ing districts  outside  the  limits  of  any  incorporated  village 
or  villages  therein,  and  to  provide  for  the  lighting  of  the 
public  buildings,  streets,  avenues,  highways  and  public 
places  in  said  districts,'  and  the  act  amendatory  thereof, 
relating  to  payments  for  such  lighting." 

Assembly  Bill  No.  1670,  entitled  "An  act  to  amend 
chapter  six  hundred  and  seventy-three  of  the  laws  of  eigh- 
teen hundred  and  ninety-four,  entitled  '  An  act  entitled 
'  An  act  to  authorize  and  empower  the  board  of  trustees 
of  villages  incorporated  under  the  act  entitled  '  An  act 
for  the  incorporation  of  villages,'  '  passed  April  twenty, 


126  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

eighteen  hundred  and  seventy,  and  acts  amendatory 
thereof  and  supplemental  thereto,  to  contract  with  light- 
ing companies  organized  under  the  laws  of  this  state  for 
lighting  the  streets  and  public  grounds  of  said  villages,' 
as  amended  by  chapter  six  hundred  and  sixty-three  of  the 
laws  of  eighteen  hundred  and  ninety-six,  relative  to  period 
of  contract  with  lighting  company." 

Assembly  Bill  No.  1820,  entitled  "  An  act  to  authorize 
the  comptroller  of  this  state  to  hear  and  determine  the 
application  of  Jacob  A.  Mittnacht  for  the  cancellation  of 
the  tax  sales  for  unpaid  taxes  of  lot  number  four  in  the 
Woodhill  tract,  in  Herkimer  county." 

Assembly  Bill  No.  2054,  entitled  "  An  act  to  amend 
chapter  five  hundred  and  thirty-three  of  the  laws  of  eigh- 
teen hundred  and  eighty,  entitled  '  An  act  to  regulate  the 
passage  of  lumber,  logs  and  other  timber  upon  the  rivers 
of  this  state,  recognized  by  law  or  common  use  as  public 
highways  for  the  purpose  of  floating  and  running  lumber, 
logs  and  other  timber  over  or  upon  the  same  to  market 
or  places  of  manufacture.'  ' 

Assembly  Bill  No.  2180,  entitled  "An  act  to  prevent 
fraud  in  the  sale  of  paris  green." 

Assembly  Bill  No.  2218,  entitled  "An  act  conferring 
local  rank  upon  certain  officers  of  the  New  York  Soldiers 
and  Sailors'  Home  at  Bath." 

Assembly  Bill  No.  2264,  entitled  "  An  act  to  amend 
chapter  six  hundred  and  fifteen  of  the  laws  of  eighteen 
hundred  and  ninety-five,  entitled  '  An  act  providing  for 


OMNIBUS  VETO 


127 


the  payment  of  five  hundred  dollars  to  the  executor  or 
administrator  of  a  volunteer  fireman  who  dies  from  in- 
juries incurred  in  the  performance  of  his  duties.'  ' 

Assembly  Bill  No.  2295,  entitled  "  An  act  to  grant  and 
release  to  George  Kleindinst  all  the  right,  title  and  in- 
terest of  the  people  of  the  state  of  New  York  in  and  to 
certain  real  estate  in  the  city  of  Buffalo." 

Assembly  Bill  No.  2356,  entitled  "  An  act  to  provide 
for  the  reimbursement  of  certain  expenses  and  disburse- 
ments paid  and  incurred  by  the  several  justices  of  the 
supreme  court  in  the  second  judicial  district,  other  than 
those  residing  in  Kings  county." 

Assembly  Bill  No.  2452,  entitled  "  An  act  to  amend 
title  two  of  chapter  three  of  part  four  of  the  revised 
statutes,  relating  to  state  prisons." 

Assembly  Bill  No.  2498,  entitled  "  An  act  to  provide 
for  the  appointment  of  clerks  to  certain  justices  of  the 
supreme  court  in  the  sixth  judicial  district." 

Assembly  Bill  No.  2507,  entitled  "  An  act  to  amend 
chapter  nine  hundred  and  seventy-two  of  the  laws  of  eigh- 
teen hundred  and  ninety-six,  entitled  '  An  act  for  the 
protection  of  the  Saranac  river  in  the  village  of  Saranac 
Lake,  Franklin  county.'  ' 

Assembly  Bill  No.  2556,  entitled  "  An  act  relating  to 
and  defining  dispensaries,  requiring  them  to  be  incor- 
porated or  licensed,  forbidding  their  establishment  in  a 
'  drug  store  '  or  a  '  tenement-house,'  providing  that  the 
word  '  dispensary  '  shall  only  be  used  in  connection  with 


128  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

an  incorporated  or  licensed  dispensary,  that  persons  shall 
not  obtain  relief  from  dispensaries  by  false  representa- 
tions, and  that  a  violation  of  this  act  shall  be  a  misde- 
meanor; also  empowering  the  state  board  of  charities  to 
make  rules  and  regulations  and  to  annul  or  suspend  in- 
corporations and  to  revoke  licenses." 

Assembly  Bill  No.  2575,  entitled  "  An  act  for  the  re- 
lease to  William  R.  Peters  of  any  claim  of  the  people  of 
the  state  in  and  to  certain  lands  within  the  city  of  New 
York." 

Assembly  Bill  No.  2600,  entitled  "  An  act  to  amend 
chapter  three  hundred  and  fifty-four  of  the  laws  of  eigh- 
teen hundred  and  eighty-three,  entitled  '  An  act  to  regu- 
late and  improve  the  civil  service  of  the  state  of  New 
York,'  in  relation  to  residence  of  candidates  for  examina- 
tions." 

Assembly  Bill  No.  1427,  entitled  "  An  act  to  locate  and 
establish  the  boundaries  of  union  free  school  district  num- 
ber seven  in  the  town  of  Cortlandt." 

Assembly  Bill  No.  1952,  entitled  "  An  act  to  provide 
for  holding  biennial  elections  of  town  officers  at  the  same 
time  as  general  elections,  in  the  town  of  Goshen,  county 
of  Orange." 

Assembly  Bill  No.  2490,  entitled  "  An  act  to  empower 
the  town  board  of  the  town  of  Guilderland  to  appoint  a 
justice  of  the  peace  for  the  first  district  of  the  said  town 
of  Guilderland." 


OMNIBUS  VETO  129 

Assembly  Bill  No.  2721,  entitled  "An  act  to  fix  the 
period  of  time  for  making  the  annual  assessment  and  the 
compensation  of  the  assessors  in  the  town  of  Greenburgh, 
in  the  county  of  Westchester." 

Senate  Bill  No.  747,  entitled  "  An  act  to  enable  the 
electors  of  the  town  of  Hancock,  county  of  Delaware,  to 
vote  in  three  separate  places  at  town  meeting." 

Assembly  Bill  No.  2256,  entitled  "  An  act  in  relation  to 
the  personal  property  of  the  town  of  Hempstead,  in 
Queens  county." 

Assembly  Bill  No.  2694,  entitled  "  An  act  providing  for 
the  payment  of  the  two  per  centum  tax  collected  from 
foreign  fire  insurance  companies  in  the  towns  of  Jamaica 
and  Flushing." 

Assembly  Bill  No.  2574,  entitled  "  An  act  to  reimburse 
the  town  of  Lenox,  Madison  county,  for  moneys  expended 
by  said  town  in  the  construction  of  a  bridge  over  the 
Douglass  state  ditch  on  the  Tackabury  road  in  said  town, 
in  place  of  a  bridge  destroyed  by  the  widening  of  said 
ditch  by  the  state  authorities." 

Assembly  Bill  No.  2749,  entitled  "  An  act  to  authorize 
the  town  board  of  the  town  of  Manlius  in  Onondaga 
county  to  change  the  location  of  the  soldiers'  monument 
in  said  town." 

Assembly  Bill  No.  2292,  entitled  "  An  act  requiring  the 
county  of  Ulster  to  pay  a  portion  of  the  expense  of  a  free 
bridge  heretofore  constructed  in  the  town  of  Marbletown, 
in  such  county." 

Assembly  Bill   No.  2439.  entitled  "  An  act   to  amend 


130  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

chapter  seven  hundred  and  twenty-seven  of  the  laws  of 
eighteen  hundred  and  sixty-six,  entitled  '  An  act  to  con- 
solidate school  districts  numbers  one,  three  and  fifteen 
and  part  of  district  number  two  of  the  town  of  Mount 
Morris,  county  of  Livingston,  and  state  of  New  York, 
into  one  school  district/  and  to  repeal  certain  sections 
thereof." 

Senate  Bill  No.  1425,  entitled  "  An  act  relating  to  the 
election  of  school  district  officers  in  district  number  ten 
of  the  towns  of  Halfmoon  and  Stillwater,  at  Mechanic- 
ville." 

Assembly  Bill  No.  1532,  entitled  "An  act  to  amend 
chapter  four  hundred  and  ninety-five  of  the  laws  of  eigh- 
teen hundred  and  sixty-three,  entitled  '  An  act  to  provide 
for  building  a  bridge  over  Chambers'  creek,  in  the  towns 
of  Newburgh  and  New  Windsor,  in  the  county  of  Orange, 
and  for  making  the  present  toll-bridge  over  Murderer's 
creek,  in  the  town  of  New  Windsor,  free.' ' 

Assembly  Bill  No.  1459,  entitled  "  An  act  authorizing 
the  raising  and  appropriating  by  the  town  of  North 
Hempstead  of  moneys  to  support  inmates  of  the  hospital 
of  the  Nassau  Hospital  association,  at  Mineola,  in  the 
town  of  North  Hempstead." 

Assembly  Bill  No.  2692,  entitled  "  An  act  to  legalize 
the  annual  election  for  town  officers  in  the  town  of  Oyster 
Bay,  Queens  county,  held  on  the  sixth  day  of  April,  eigh- 
teen hundred  and  ninety-seven." 

Senate  Bill  No.  1246,  entitled  "  An  act  to  empower  the 


OMNIBUS  VETO  l"-.i 

«J 

town  of  Olive  in  the  county  of  Ulster  to  issue  bonds  for 
the  purpose  of  improving  Bushkill  creek  within  the  town 
of  Olive,  in  the  county  of  Ulster." 

Assembly  Bill  No.  2570,  entitled  "  An  act  to  reimburse 
the  town  of  Sullivan,  Madison  county,  for  moneys  ex- 
pended by  said  town  in  the  construction  of  a  bridge  over 
the  Douglass  state  ditch  on  the  Gee  road  in  said  town, 
in  place  of  a  bridge  destroyed  by  the  widening  of  said 
ditch  by  the  state  authorities." 

Assembly  Bill  No.  1962,  entitled  "  An  act  to  legalize 
the  division  into  election  districts  of  the  town  of  West 
Turin,  in  Lewis  county." 

Assembly  Bill  No.  2336,  entitled  "  An  act  to  amend 
chapter  sixty-eight  of  the  laws  of  eighteen  hundred  and 
sixty,  entitled  '  An  act  to  consolidate  and  amend  the 
several  acts  relating  to  the  village  of  Catskill,'  and  to  fix, 
locate  and  establish  the  bounds  of  said  village." 

Assembly  Bill  No.  2332,  entitled,  "  An  act  to  amend 
chapter  four  hundred  and  forty-nine  of  the  laws  of  eigh- 
teen hundred  and  seventy-one,  entitled  '  An  act  authoriz- 
ing the  trustees  of  the  village  of  College  Point  to  issue 
bonds  and  borrow  money  for  the  erection  of  a  school- 
house  in  said  village,  and  to  increase  the  school  tax  in  said 
village/  as  amended  by  chapter  one  hundred  and  eleven  of 
the  laws  of  eighteen  hundred  and  eighty-seven,  relative  to 
tax  for  school  purposes." 

Senate  Bill  No.  1450,  entitled  "  An  act  to  authorize  the 
village  of  College  Point,  in  Queens  county,  to  convey 


132  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

certain  real  property  to  the  board  of  education  of  school 
district  number  seven  of  the  town  of  Flushing,  in  the 
county  of  Queens,  New  York." 

Senate  Bill  No.  1681,  entitled  "  An  act  to  authorize  the 
village  of  Flushing  to  expend  moneys  raised  by  excessive 
issue  of  bonds  under  chapter  five  hundred  and  four  of  the 
laws  of  eighteen  hundred  and  eighty-seven,  for  general 
village  purposes." 

Assembly  Bill  No.  1597,  entitled  "  An  act  to  authorize 
the  village  of  Flushing  to  borrow  money  in  anticipation 
of  arrears  of  taxes,  and  to  issue  bonds  therefor." 

Assembly  Bill  No.  2453,  entitled  "  An  act  to  amend 
chapter  three  hundred  and  twenty-two  of  the  laws  of 
eighteen  hundred  and  ninety,  entitled  '  An  act  to  revise, 
amend  and  consolidate  the  several  acts  relating  to  the 
village  of  Plattsburgh,  and  to  repeal  certain  acts  and  parts 
of  acts,'  relative  to  elections." 

Senate  Bill  No.  1235,  entitled  "  An  act  making  sections 
six  and  seven  of  title  six  of  chapter  two  hundred  and 
ninety-one  of  the  laws  of  eighteen  hundred  and  seventy, 
applicable  to  the  village  of  Plattsburgh." 

Assembly  Bill  No.  2670,  entitled  "  An  act  to  amend 
chapter  two  hundred  and  six  of  the  laws  of  eighteen  hun- 
dred and  fifty-one,  entitled  '  An  act  to  revise,  amend  and 
consolidate  the  several  acts  in  relation  to  the  village  of 
Salem,  in  the  county  of  Washington,'  relating  to  the 
establishment  of  an  electric  light  plant  in  and  by  said 
village." 


EXTRAORDINARY  TERM  SUPREME  COURT  133 

Assembly  Bill  No.  2778,  entitled  "  An  act  to  provide 
for  the  removal  and  disposal  of  the  sewage  of  the  village 
of  Saratoga  Springs." 

Senate  Bill  No.  876,  entitled  "  An  act  to  amend  chap- 
ter five  hundred  and  eighteen  of  the  laws  of  eighteen  hun- 
dred and  sixty-seven,  entitled  '  An  act  to  incorporate  the 
village  of  White  Plains,  and  the  several  acts  amendatory 
thereof.'  " 

Assembly  Bill  No.  347,  entitled  "  An  act  authorizing 
the  removal  of  the  wooden  bridge  over  the  Glens  Falls 
feeder  of  the  Champlain  canal  at  the  crossing  of  Main 
street,  in  the  village  of  Sandy  Hill,  and  the  substitution 
of  a  wrought  iron  or  steel  bridge,  and  making  an  appro- 
priation therefor."  [Vetoed  April  15.] 


APPOINTMENT  OF  AN  EXTRAORDINARY 
SPECIAL  TERM  OF  THE  SUPREME  COURT 
AT  CANTON. 

STATE  OF  NEW  YORK 

Executive  Chamber 

IT  APPEARING  to  my  satisfaction  that  the  public  in- 
terest requires  it, 

Therefore  in  accordance  with  the  statute  in  such  case 
made  and  provided  I  do  hereby  appoint  an  Extraordinary 
Special  Term  of  the  Supreme  Court  to  be  held  at  the 
court-house  in  the  village  of  Canton  and  county  of  St. 
Lawrence  on  Friday  the  second  day  of  July  next  at  ten 
o'clock  in  the  forenoon  of  that  day  and  to  continue  so 


J34  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

long  as  may  be  necessary  for  the  disposal  of  the  business 
which  may  be  brought  before  it ;  and  I  do  hereby  designate 
the 

Honorable  LESLIE  W.  RUSSELL 

of  the  village  of  Canton  who  is  a  Justice  of  the  Supreme 
Court  of  this  State  to  hold  the  said  Extraordinary  Special 
Term  as  hereinbefore  described;  and  I  do  further  direct 
that  notice  of  such  appointment  be  given  by  publication 
of  this  order  once  in  each  week  for  two  successive  weeks 
in  the  St.  Lawrence  Plaindealer  newspaper  published  in 
the  said  village  of  Canton. 

Given  under  my  hand  and  the  Privy  Seal  of  the 

State  at   the  Capitol  in  the  city  of  Albany 

[L  s]  this  tenth  day  of  June  in  the  year  of  our  Lord 

one  thousand  eight  hundred  and  ninety-seven. 

FRANK  S.  BLACK 
By  the  Governor: 

WILLIAM  M.  GRIFFITH 

Private  Secretary 


APPOINTMENT      OF      AN      EXTRAORDINARY 
TRIAL  TERM  OF  THE  SUPREME  COURT  AT 

CANTON. 

STATE  OF  NEW  YORK 

Executive  Chamber 

IT  APPEARING  to  my  satisfaction  that  the  public  in- 
terest requires  it, 

Therefore  in  accordance  with  the  statute  in  such  case 
made  and  provided  I  do  hereby  appoint  an  Extraordinary 


EXTRAORDINARY  TERM  SUPREME  COURT  135 

Trial  Term  of  the  Supreme  Court  to  be  held  at  the  court- 
house in  the  village  of  Canton  and  county  of  St.  Lawrence 
on  Friday  the  second  day  of  July  next  at  ten  o'clock  in 
the  forenoon  of  that  day  and  to  continue  so  long  as  may 
be  necessary  for  the  disposal  of  the  business  which  may 
be  brought  before  it;  and  I  do  hereby  designate  the 

Honorable  LESLIE  W.  RUSSELL 

of  the  village  of  Canton  who  is  a  Justice  of  the  Supreme 
Court  of  this  State  to  hold  the  said  Extraordinary  Trial 
Term  as  hereinbefore  described;  and  I  do  further  direct 
that  notice  of  such  appointment  be  given  by  publication 
of  this  order  once  in  each  week  for  two  successive  weeks 
in  the  St.  Lawrence  Plaindealer  newspaper  published  in  the 
said  village  of  Canton. 

Given  under  my  hand  and  the  Privy  Seal  of  the 

State  at   the  Capitol  in  the  city  of  Albany 

[L  s]  this  tenth  day  of  June  in  the  year  of  our  Lord 

one  thousand  eight  hundred  and  ninety-seven. 

FRANK  S.  BLACK 
By  the  Governor: 

WILLIAM  M.  GRIFFITH 

Private  Secretary 


136  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

THE  CIVIL  SERVICE  — RULES  AND  REGULA- 
TIONS 
STATE  OF  NEW  YORK 

Executive  Chamber 

In  the  exercise  of  the  authority  conferred  by  chapter 
354,  Laws  of  1883,  and  the  acts  amendatory  thereof,  and 
by  chapter  428,  Laws  of  1897,  and  in  accordance  with  the 
provisions  of  the  ninth  section  of  the  fifth  article  of  the 
Constitution,  the  following  rules  are  hereby  promulgated 
for  the  regulation  of  the  civil  service  of  the  State,  and  all 
other  rules  are  hereby  revoked. 

Done  at  the  Capitol  in  the  city  of  Albany,  this  first 
day  of  July  in  the  year  of  our  Lord,  one  thou- 
sand eight  hundred  and  ninety-seven. 

FRANK  S.  BLACK 

Governor 


RULES  FOR  THE  CIVIL  SERVICE  OF  THE  STATE  OF  NEW  YORK 


Rule  I.     Definition  of  the  Civil  Service,  and  its  Divisions 

i.  The  civil  service  of  the  State  of  New  York  shall  be 
construed  as  including  all  offices  and  positions  of  trust  or 
employment  in  the  service  of  the  State,  the  incumbents 
of  which  receive  compensation  for  services  or  expenses 
from  the  treasury  of  the  State  or  any  civil  division  thereof 
or  by  the  receipt  of  official  fees,  except  such  military  or 


NEW  CIVIL  SERVICE  RULES  AND  REGULATIONS      137 

naval  offices  and  positions  as  are  or  may  be  created  under 
the  provisions  of  Article  XI  of  the  Constitution  relative 
to  the  militia. 

2.  The  civil  service  of  the  State  shall  be  divided  into 
the  unclassified  service  and  the  classified  service. 

3.  The  unclassified  service  shall  comprise  all  elective 
positions,  all  positions  filled  by  election  or  appointment 
by  the  Legislature  on  joint  ballot,  or  by  the  Senate  or 
Assembly,  or  by  legislative  committees,  all  persons  em- 
ployed temporarily  as  attendants  upon  either  house  dur- 
ing its  session,  all  persons  appointed  by  name  in  a  statute, 
and  all  positions  filled  by  appointment  by  the  Governor 
either  upon  or  without  confirmation  by  the  Senate,  ex- 
cept officers  and  employes  in  his  own  office. 

4.  The  classified  service  shall  comprise  all  positions  not 
included  in  the  unclassified  service. 

Rule  II.     Definition  of  Terms 

The  several  terms  hereinafter  mentioned  whenever  used 
in  these  rules  or  any  regulations  thereunder  shall  be  con- 
strued as  follows: 

1.  The  term  "  Commission  "  indicates  the  Civil  Service 
Commission  of  the  State  of  New  York. 

2.  The  term  "  Class  "  refers  to  the  divisions  of  the  civil 
service  based  upon  the  distinctive  methods  of  appoint- 
ments to  the  positions  comprehended  therein. 

3.  The  term  "  Group  "  refers  to  the  divisions  in  a  class 
based  upon  the  character  of  the  duties  of  the  positions 
without  regard  to  the  salaries  received. 


138  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

4.  The  term  "  Subdivision  "  refers  to  the  divisions  of 
positions  in  a  group  more  specially  arranged  according  to 
details  for  the  purpose  of  examinations  identical  in  whole 
or  in  part. 

5.  The  term  "  Grade  "  refers  to  the    division    of    any 
group  or  subdivision  upon  the  basis  of  salary  or  compen- 
sation received. 

6.  The  term  "  Office  "  shall  be  construed  to  apply  com- 
prehensively and  restrictively  to  all  such  offices,  courts, 
departments,    commissions,    boards    and   institutions,    as 
have  primary   and   sole  responsibility  and  are  not   sub- 
ordinate administrative  divisions. 

7.  The  word  "  Compensation  "  shall  be  construed  as  the 
annual  salary  of  the  position  or  its  equivalent  when  stated 
by  the  day,  week  or  month,  and  shall  include  proper  com- 
mutation for  lodgings  and  board,  or  either,  when  the  same 
are  furnished  free  as  a  part  of  such  compensation,  and 
such  rate  of  commutation  shall  be  fixed  by  regulation  of 
the  Commission. 

8.  The  term  "  Veterans  "  refers  to  honorably  discharged 
soldiers  and  sailors  from  the  army  or  navy  of  the  United 
States  in  the  late  civil  war  who  are  citizens  and  residents 
of  this  State. 

9.  The  masculine  pronoun   "  he  "   and  its  derivatives 
shall  include  the  feminine  pronoun  "  she  "  and  its  deriva- 
tives. 


NEW  CIVIL  SERVICE  RULES  AND  REGULATIONS      139 

10.  Whenever  in  these  rules  there  is  a  direction  that  the 
Commission  shall  report  any  matter  to  the  Legislature 
it  shall  be  construed  as  referring  to  the  next  ensuing 
annual  report  of  the  Commission  to  the  Legislature  as 
required  by  law. 

Rule  III.    General  Provisions 

1.  The  violation  of  any  of  the  provisions  of  the  civil 
service  acts  or  of  these  rules  by  any  person  in  the  civil 
service  of  the  State  shall  be  considered  a  good  cause  for 
the  dismissal  of  such  person  from  the  service. 

2.  No  person  in  the  civil  service  of  the  State  shall  use 
his  official  authority  or  influence  to  coerce  the  political 
action  of  any  person  or  body;  or  shall  dismiss  or  cause  to 
be  dismissed,  or  make  any  attempt  to  procure  the  dis- 
missal of,  or  in  any  manner  change  the  official  rank,  or 
compensation  of  any  person  in  such  service  because  of  his 
political  or  religious  opinions  or  affiliations. 

3.  No  question  in  any  examination,  or  form  of  applica- 
tion or  other  proceeding  by  or  under  the  Commission,  or 
its  examiners,  shall  be  so  framed  as  to  elicit  information 
concerning,  nor  any  other  attempt  be  made  to  ascertain, 
the  political  or  religious  opinions  or  affiliations  of  any 
applicant,    competitor    or    eligible,    and    all    disclosures 
thereof  shall  be  discountenanced  by  the  Commission  and 
its  examiners.     And  no  discrimination  shall  be  exercised, 
threatened  or  promised  against  or  in  favor  of  any  ap- 
plicant, competitor  or  eligible  because  of  his  political  or 
religions  opinions  or  affiliations. 


140  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

4.  No  recommendation  of  an  applicant,  competitor  or 
eligible  involving  any  disclosure  of  his  political  opinions 
or  affiliations  shall  be  received,  filed  or  considered  by  the 
Commission,  by  an  examining  board  or  by  any  nominat- 
ing or  appointing  officer. 

5.  No  person  in  the  civil  service  of  the  State  shall  be 
obliged  to  contribute  to  any  political  fund  or  to  render 
any  political  service;  nor  shall  any  such  person,  directly 
or  indirectly,  use  his  authority  or  official  influence  to  com- 
pel or  induce  any  other  person  in  such  service  to  pay  or 
promise  to  pay  any  political  assessment. 

6.  In  making  removals  or  reductions  or  in  imposing 
penalties  for  delinquency  or  misconduct,  penalties  like  in 
character  shall  be  imposed  for  like    offenses    and   action 
thereon   shall   be  taken   irrespective   of   the   political   or 
religious  opinions  or  affiliations  of  the  offenders. 

7.  A  person  holding  a  position  on  the  date  said  position 
is  classified  under  the  rules  whose  appointment  was  made 
in  conformity  with  the  law  and  who  had  been  rendering 
the  proper  duties  of  such  position,  shall  be  entitled  to  all 
the  rights  and  benefits,  possessed  by  persons  of  the  same 
class  appointed  upon  examination  under  the  provisions 
of  said  rules. 

8.  The  Commission  shall  have  authority  to  prescribe 
such  regulations  in  pursuance  of  and  for  the  execution 
of  the  provisions  of  these  rules  and  of  the  Civil  Service 
Act,  as  may  not  be  inconsistent  therewith,  and  may  pre- 


NEW  CIVIL  SERVICE  RULES  AND  REGULATIONS      141 

scribe  blank  forms  for  all  applications,  certificates,  reports, 
records  and  returns  required  under  these  rules  and  the 
regulations  made  in  pursuance  thereof. 

Kule  IV.     Appointments  to  and  Employment  in  the  Classified 

Service 

1.  In  pursuance  of  the  provisions  of  Article  V,  section 
9  of  the  Constitution  and  of  the  Civil  Service  Acts  there 
shall  be  provided  to  ascertain  merit  for  admission  to  the 
classified   service,    examinations   to   be   made   under  the 
general  direction  of  the  Commission. 

2.  No  person  shall  be  appointed  to  or  employed  in  any 
position  in  the  classified  service  until  he  shall  have  passed 
the  examinations  for  merit  and  fitness  as  provided  there- 
for or  unless  the  position   to  which  he  is  appointed  is 
especially  exempt  from  examination  under  the  provisions 
of  these  rules. 

3.  The  classified  service  shall  be  divided  into  four  classes, 
and  all  positions  and  employments  in  said  service  shall  be 
included  in  such  classes,  as  hereinafter  provided. 

Rule  V.    Definition  of  Class  I 

Class  I  shall  include  (a)  the  deputies  specially  author- 
ized by  law  to  act  for  and  in  the  place  of  the  head  of  an 
office;  (b}  one  principal  cashier  for  each  office,  a  part  of 
the  functions  of  which  are  the  receipt  or  disbursement 
of  money  other  than  that  applied  to  the  payment  of  its 
own  expense,  including  salaries;  (r)  the  secretaries  of 
State  boards  and  commissions  specifically  named  herein; 


142  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

(d)  such  confidential  clerks  or  other  positions  as  shall  be 
specifically  named  in  this  rule;  and  such  class  shall  com- 
prise the  following  positions  and  such  other  positions  as 
may  hereafter  be  added  under  the  four  groups  above 
defined: 

Positions  in  Class  I 
In  the  office  of  the  Governor: 

The  private  secretary 

The  military  secretary 

The  appointment  clerk 

The  pardon  and  requisition  clerk 

The  executive  stenographers 

Counsel 

In  the  office  of  the  Secretary  of  State; 
The  deputies 
The  chief  clerk 
The  confidential  clerk 
The  stenographer 

In  the  office  of  the  Comptroller: 
The  deputies 
The  confidential  clerk 
The  stenographer 

In  the  office  of  the  Treasurer: 
The  deputies 
The  cashier 
The  confidential  clerk 
The  stenographer 


NEW  CIVIL  SERVICE  RULES  AND  REGULATIONS      143 

In  the  office  of  the  Attorney-General: 
The  deputies 

The  assistant  in  New  York  city 
The  confidential  clerk 
The  stenographer 

In  the  office  of  the  State  Engineer  and  Surveyor: 
The  deputy 
The  division  engineers 
The  confidential  clerk 
The  stenographer 

In  the  Insurance  Department: 
The  deputy  superintendents 
The  cashier 
The  private  secretary 
The  chief  actuary 
The  confidential  examiners 
Two  stenographers 
The  chief  clerk  of  the  tax  department 

in  the  Banking  Department: 
The  deputy  superintendent 
The  private  secretary 
The  confidential  examiners 
The  stenographer 

In  the  Department  of  Public  Instruction: 
The  deputy  superintendents 
The  institute  lecturer 


144  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

The  conductor  of  institutes 
The  confidential  clerk 

In  the  office  of  the  Warden  of  Auburn  Prison: 
The  industrial  clerk 

In  the  State  prisons: 

The  agents  and  wardens 
The  chaplains 

In  the  Court  of  Appeals: 
The  clerk 
The  deputy  clerk 
The  reporter 
The  law  examiners 

In  the  office  of  the  Railroad  Commission: 
The  secretary 
The  inspector 

In  the  office  of  the  Capitol  Commissioner: 
The  private  secretary 

In  the  office  of  the  Prison  Commission: 
The  secretary 

In  the  Department  of  Excise: 

The  deputy  and  special  deputy  commissioners 
The  secretary  to  the  commissioner 
The  financial  clerk 

The  cashier  in  the  office  of  each  special  deputy  com- 
missioner 
Counsel 


NEW  CIVIL  SERVICE  RULES  AND  REGULATIONS      145 

In  the  Department  of  Public  Works: 
The  deputy  superintendent 
The  assistant  superintendents 
The  superintendents  of  repairs 
The  private  secretary 
The  financial  clerk 

The  consulting  and  inspecting  architect,  New  Capitol 
The  special  agents  and  disbursing  clerks  to- the  section 

superintendents 
The  stenographer 

In  the  office  of  the  State  Board  of  Charities: 
The  secretary 

The  private  secretary  to  the  superintendent  of  State 
and  alien  poor 

In  the  office  of  the  Regents  of  the  University: 
The  secretary 

The  director  of  examinations 
The  honorary  university  examiners 
The  medical  examiners 

In  the  Department  of  Public  Buildings: 
The  superintendent 
The  deputy  superintendent 
The  paymaster 

In  the  office  of  the  Commission  in  Lunacy: 
The  secretary 


146  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

In  the  State  Hospitals,  Asylums  and  Houses  of  Refuge: 
The  treasurers 
The  chaplains 
The  stewards 

In  the  office  of  the  Board  of  Claims: 
The  clerk 

In  the  office  of  the  Board  of  Health: 
The  secretary 

In  the  Bureau  of  Statistics  of  Labor: 
The  deputy 
The  chief  clerk 

In  the  office  of  the  Forest  Preserve  Board: 
The  secretary 
The  stenographer 

In  the  office  of  the  Fisheries,  Game  and  Forest  Commis- 
sion: 

The  assistant  secretary 
The  confidential  clerk  to  the  Shellfish  Commissioner 

In  the  office  of  the  Commissioner  of  Agriculture: 
One  assistant  commissioner 
One  detective 

In  the  office  of  the  Board  of  Mediation  and  Arbitration: 
The  secretary 

In  the  office  of  the  Board  of  Tax  Commissioners: 
The  secretary 


NEW  CIVIL  SERVICE  RULES  AND  REGULATIONS      147 

In  the  office  of  the  Factory  Inspector: 
The  secretary 

In  the  office  of  the  Commissioners  of  the  State  Reserva- 
tion at  Niagara: 
The  secretary  and  treasurer 

In  the  Weather  Bureau  at  Cornell  University: 
The  meteorologist 
The  secretary  and  expert 

In  the  Agricultural  Experiment  Station  at  Geneva: 
The  director 
The  assistant  director 

In  the  State  Reformatory  at  Elmira: 
The  chaplain 

In  the  Industrial  School  at  Rochester: 
The  parole  agent 
The  chaplains 

In  the  Soldiers  and  Sailors'  Home  at  Bath: 
The  superintendent 
The  adjutant 
The  quartermaster 
The  assistant  quartermaster 
The  surgeon 
The  assistant  surgeon 

In  the  Onondaga  Salt  Springs  at  Syracuse: 
The  deputy  superintendent 


148  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

In  the  office  of  the  Quarantine  Commission: 
The  secretary 

In  the  office  of  the  Board  of  Port  Wardens: 
The  secretary 
The  collector 

In  the  office  of  the  Health  Officer  of  the  Port  of  New 

York: 
'  The  deputies 

In  the  office  of  the  Commissioners  of  Subways,  Brooklyn: 
The  secretary 

In  the  Normal  Schools: 
The  principals 

The  Superintendent  of  Weights  and  Measures 

In  the  Courts: 

The  chief  clerk  of  each  court 

The  police  clerk  and  interpreter  of  each  magistrate's 

court,  New  York  city 
The  secretary  of  the  Board  of  Police  Magistrates,  New 

York  city 
The  interpreter  of  the  Court  of  Special  Sessions,  New 

York  city 
The  assistant  clerk  of  each  District  Court,  New  York 

city 
One    confidential    clerk,    stenographer,    attendant,    or 

other  assistant  to  each  judge  of  the  Court  of  Appeals 

and  of  the  Supreme  Court 


NEW  CIVIL  SERVICE  RULES  AND  REGULATIONS      140 

Rule  VI.    Appointments  in  Class  I 

Appointments  may  be  made  to  positions  in  Class  I, 
without  examination.  Upon  formal  notice  to  the  Com- 
mission of  such  appointments  by  the  head  of  an  office, 
certification  of  the  same  will  be  made  to  the  Comptroller 
or  other  fiscal  officer  otherwise  authorized  to  pay  a  salary 
to  the  incumbent  of  the  position  to  which  such  appoint- 
ment is  made. 

Rule  VII.    Definition  of  Class  II 

Class  II  shall  include  all  positions  now  existing  or  here- 
after created  of  whatever  functions,  designations  or  com- 
pensation in  each  and  every  branch  of  the  classified 
service,  except  such  positions  as  are  specifically  designated 
in  Class  I  or  Class  III,  or  included  in  Class  IV,  arranged 
in  the  following  groups: 

(The  subdivisions  under  the  following  groups  will  be 
found  in  the  regulations.) 

Groups  Based  upon  the  Character  of  the  Service  Rendered 

Group  A.  Clerks,  etc. 

Group  B.  Cashiers,  etc. 

Group  C.  Custodians,  messengers,  etc. 

Group  D.  Engineers,  etc. 

Group  E.  Inspectors,  etc. 

Group  F.  Special  agents,  etc. 

Group  G.  Law  positions,  etc. 

Group  H.  Medical  positions,  etc. 

Group  I.  Mathematicians,  etc. 


150  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

Group  J.  Scientists,  etc. 

Group  K.  Agriculturists,  etc. 

Group  L.  Instructors,  etc. 

Group  M.  Mechanics,  craftsmen,  etc. 

Group  N.  Miscellaneous  positions 

The  omission  in  the  above  classification  of  any  official 
designation  or  appellation  of  a  position  in  the  service  shall 
not  exclude  such  position  from  the  classification,  as  it 
will  be  comprised  in  the  group  and  subdivision  to  which 
it  belongs  by  the  general  definition  and  specifications  of 
such  group  and  subdivision. 

2.  The  Commission  may  further  subdivide  for  the  pur- 
pose of  examination  the  positions  in  any  group  or  sub- 
division   thereof,    so    as   to    test    practically    the    special 
qualifications  requisite  for  such  positions. 

3.  The  classification  of  all  positions  shall  be  governed 
solely   by   the   respective   duties   and   functions   of   such 
positions,  and  in  requesting  from  the  Commission  the  cer- 
tifications from  eligible  lists  for  selection  for  appointment 
the  heads  of  offices  shall  give  in  detail  the  duties  attached 
to  such  positions,  and  shall  name  so  near  as  may  be  the 
groups  and  subdivisions  that  comprise  respectively  such 
duties  and  functions. 

4.  For  the  purposes  of  orderly    arrangement    and    of 
regulated  promotion,  the  positions  in  each  subdivision  of 
each  group  shall  be  divided  into  grades  based  upon  the 
rates  of  annual  compensation,  as  follows: 


NEW  CIVIL  SERVICE  RULES  AND  REGULATIONS     151 

Grade  i.  All  positions,  the  compensation  of  which  is  at 
the  rate  of  less  than  $600  per  annum. 

Grade  2.  All  positions,  the  compensation  of  which  is  at 
the  rate  of  $600  or  more,  but  less  than  $900  per  annum. 

Grade  3.  All  positions,  the  compensation  of  which  is  at 
the  rate  of  $900  or  more,  but  less  than  $1,200  per  annum. 

Grade  4.  All  positions,  the  compensation  of  which  is  at 
the  rate  of  $1,200  or  more,  but  less  than  $1,400  per 
annum. 

Grade  5.  All  positions,  the  compensation  of  which  is  at 
the  rate  of  $1,400  or  more,  but  less  than  $1,600  per 
annum. 

Grade  6.  All  positions,  the  compensation  of  which  is  at 
the  rate  of  $1,600  or  more,  but  less  than  $1,800  per 
annum. 

Grade  7.  All  positions,  the  compensation  of  which  is  at 
the  rate  of  $1,800  or  more,  but  less  than  $2,100  per 
annum. 

Grade  8.  All  positions,  the  compensation  of  which  is  at 
the  rate  of  $2,100  or  more,  but  less  than  $2,500  per 
annum. 

Grade  9.  All  positions,  the  compensation  of  which  is  at 
the  rate  of  $2,500  or  more,  but  less  than  $3,000  per 
annum. 

Grade  10.  All  positions,  the  compensation  of  which  is  at 
the  rate  of  $3,000  per  annum  or  over  that  amount. 

Rule  VIII.    Appointments  to  Positions  in  Class  II 
i.  Appointments  shall  be  made  to  or  employment  shall 
be  given  in  all  positions  in  Class  II  that  are  not  filled  by 


152  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

promotion,  reinstatement,  transfer  or  reduction  under 
these  rules,  by  selection  from  those  graded  highest,  ac- 
cording to  their  standing,  as  the  result  of  open  com- 
petitive examinations,  except  as  herein  otherwise  pro- 
vided. 

2.  Whenever  a  position  in  the  classified  civil  service  is  to 
be  filled  by  appointment  after  a  competitive  examination, 
an  examination  for  fitness  by  or  under  the  direction  of  the 
appointing  officer  may  be  held  at  any  time  for  the  sub- 
division in  which  the  position  is  classified  under  the  rules 
or  regulations  of  the  Commission.  Upon  notice  by  such 
officer  that  an  examination  for  fitness  is  desired,  the  Com- 
mission shall  immediately  transmit  to  him  the  names  of 
all  persons  then  on  the  list  of  those  eligible  for  merit  in 
such  subdivision.  Immediately  upon  the  receipt  of  such 
a  list,  the  appointing  officer  shall  cause  a  competitive  ex- 
amination of  such  persons  to  be  held,  and,  unless  the 
examination  is  by  the  Commission,  shall  give  notice  to 
such  persons  to  appear  at  a  specified  time  and  plact  for 
the  purpose  of  being  examined  in  relation  to  their  fitness 
for  the  position  named  in  such  subdivision.  The  Com- 
mission, upon  request  of  the  appointing  officer,  will  con- 
duct and  certify  such  examination  for  fitness  and  prepare 
the  eligible  list. 

The  maximum  rating  for  fitness  shall  be  fifty,  and  the 
minimum  thirty-five.  The  rating  for  merit  shall  be  added 
to  the  rating  for  fitness  of  each  candidate.  The  result  so 


NEW  CIVIL  SERVICE  RULES  AND  REGULATIONS      153 

obtained  constitutes  the  eligible  list  for  the  particular  sub- 
division, and  appointments  must  be  made  therefrom  in  the 
order  of  the  combined  rating  of  each  candidate.  The  per- 
son, officer  or  board  conducting  the  examination  shall 
upon  completing  the  eligible  list  certify  it  to  the  Commis- 
sion. If  the  examination  for  fitness  is  conducted  by  the 
Commission  the  eligible  list  prepared  as  the  result  of  such 
examination  shall  be  filed  in  its  office  and  within  five  days 
thereafter  a  certified  copy  thereof  shall  be  delivered  to  the 
appointing  officer  who  requested  such  examination. 
Such  an  eligible  list  shall  continue  for  one  year  from  the 
date  of  the  filing  of  the  merit  list  by  the  Commission  as 
the  eligible  list  from  which  appointments  shall  be  made 
by  such  appointing  officer  from  that  subdivision,  unless  a 
new  eligible  list  is  prepared  as  herein  provided;  but  the 
appointing  officer  may  at  any  time  hold  or  require  other 
competitive  examinations  for  fitness  of  the  persons  then 
remaining  upon  such  eligible  list,  in  the  same  manner 
and  with  like  effect. 

Unless  the  examination  for  fitness  is  conducted  by  the 
Commission,  the  appointing  officer  shall  certify  to  the 
Commission  that  the  ratings  for  fitness  were  determined 
by  competitive  examination  as  provided  by  law. 

Whenever  the  sex  of  the  persons  whose  names  are  to  be 
certified  is  fixed  by  any  law,  rule  Qr  regulation,  or  is  speci- 
fied in  the  request  for  certification,  the  names  only  of 
those  of  the  sex  so  fixed  or  specified  shall  be  certified  from 
the  merit  list,  but  in  other  cases,  such  certification  shall  be 
made  of  all  persons  without  regard  to  sex. 


154  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

3.  In  the  selection,  nomination,  appointment  or  pro- 
motion of  persons  to  fill  positions  in  the  classified  service 
no  regard  shall  be  paid  to  the  partisan  political  opinions, 
affiliations  or  action  of  any  person  so  selected,  nominated, 
appointed  or  promoted. 

4.  Upon  the  written  requisition  of  an  appointing  or 
promoting  officer,  the  Commission  will  furnish  him  with 
the  application  and  examination  papers  of  all  the  persons 
certified  to  him  as  eligible  for  merit.    All  papers  furnished 
upon  requisition  as  above  must  be  returned  to  the  Com- 
mission with  the  notice  of  selection. 

5.  Whenever    there    are   urgent    reasons    for   filling   a 
vacancy  in  any  office  and  there  is  no  merit  list  from  which 
an  eligible  list  may  be  made,  or  in  case  all  persons  whose 
names  are  on  such  eligible  list  shall  decline  the  appoint- 
ment, the  head  of  the  office  may  nominate  a  person  to  the 
Commission  for  non-competitive  examination,  and  if  such 
nominee  shall  be  certified  by  the  Commission  as  qualified 
by  merit,  he  may  be  appointed  temporarily  to  fill  such 
vacancy  until  a  selection  and  appointment  can  be  made 
from  the  proper  eligible  list;  and  if  the  head  of  the  office 
upon  the  notification  that  such  a  merit  list  is  on  file  with 
the  Commission  shall  omit  within  thirty  days  after  such 
notice  to  make  an  eligible  list  and  an  appointment  there- 
from, the  position  shall  be  considered  vacant. 

6.  In  case  of  vacancy  in  any  position  in  Class  II,  where 
peculiar  and  exceptional  qualifications  of  a  scientific,  pro- 


NEW  CIVIL  SERVICE  RULES  AND  REGULATIONS      155 

fessional  or  educational  character  are  required,  and  upon 
satisfactory  evidence  that  for  specified  reasons  competi- 
tion in  such  special  case  is  impracticable  and  that  the 
position  can  be  best  filled  by  the  selection  of  some  par- 
ticular person  of  high  and  recognized  attainment  in  such 
qualities  the  Commission  may  suspend  the  provisions  of 
the  rule  requiring  competition  in  such  case,  but  no  such 
suspension  shall  be  general  in  its  application  to  such  place, 
and  all  such  cases  of  suspension  shall  be  reported  to  the 
Legislature  with  the  reasons  for  the  same. 

7.  The  following  mentioned  positions  or  employes  shall 
not  be  subject  to  examination  under  these  rules: 

(a)  Any  position  filled  by  a  person  appointed  because 
his  residence  is  conveniently  located  for  the  performance 
of  the  duties  of  such  position,  provided  that  the  perform- 
ance of  such  duties  does  not  occupy  all  the  time  of  the 
occupant  and  that  his  compensation  therefor  shall  not 
exceed  in  any  one  year  the  sum  of  three  hundred  dollars; 
and  further  provided,  that  local  health  officers  filling  such 
positions  shall  be  practicing  physicians  of  not  less  than 
five  years'  reputable  standing  and  whose  nomination  or 
selection  is  approved  by  the  State  Board  of  Health  and  so 
certified  to  the  Commission. 

(&)  Any  military  or  naval  officer  of  the  United  States 
duly  detailed  or  assigned  as  a  special  instructor  in  any 
educational  institution  in  this  State  or  as  instructor  of 
any  part  of  the  military  or  naval  forces  of  the  State. 


156  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

(c)  Any  person  engaged  in  private  business  who  shall 
render  any  professional,  scientific,  technical  or  other  ex- 
pert services  of  an  occasional  and  exceptional  character 
to  any  State  officer  and  whose  compensation  in  any  one 
year  shall  not  exceed  three  hundred  dollars,  provided,  that 
such  limitation  of  compensation  shall  not  apply  to  any 
such  person  employed  by  the  Governor,  Comptroller, 
Attorney-General,  or  by  the  Senate  or  Assembly  or  any 
committee  thereof,  or  by  appointment  by  the  courts. 

8.  If  a  person  who  is  not  entitled  to  certification  is  cer- 
tified and  appointed,  his  appointment  shall  be  immediately 
revoked  by  the  appointing  officer  upon  notification  by  the 
Commission. 

9.  An  examination  for  merit  will  be  held  by  the  Com- 
mission once  every  three  months,  and  a  new  merit  list 
will  be  thereupon  made,  containing  the  names  of  all  per- 
sons appearing  upon  a  former  merit  list  who  have  notified 
the  Commission  of  their  desire  to  be  continued  upon  such 
list,  as  provided  by  paragraph  4  of  rule  n,  and  also  the 
names   of  such   persons  as  shall  have  passed  such  new 
examination. 

Rule  IX.     Applications 

i.  No  person  shall  be  admitted  to  any  examination  for 
merit  for  a  position  in  Class  II  until  he  shall  have  filed  an 
application  under  oath  upon  a  form  prescribed  by  the 
Commission  and  accompanied  by  such  certificates  as  may 
be  prescribed. 


NEW  CIVIL  SERVICE  RULES  AND  REGULATIONS      157 

2.  Every  applicant  for  examination  must  be  a  citizen  of 
the  United  States  and  an  actual  resident  of  the  State  of 
New  York  at  the  time  of  his  application,  provided,  that 
such  requirements  as  to  citizenship  and  residence  may  be 
specially  suspended  by  the  Commission  as  to  any  position 
requiring  high  professional,  scientific  or  technical  quali- 
fications, or  in  cases  where  through  low  compensation  for 
services  such   requirements  are  disadvantageous   to   the 
public  interests,  but  all  such  cases,  whether  of  individuals 
or  groups,  with  the  reasons  therefor,  shall  be  reported  to 
the  Legislature. 

3.  No  application  for  examination  shall  be  accepted  un- 
less the  applicant  is  within  the  age  limitations. fixed  by  the 
Commission   for  entrance   to   the  position  to  which  he 
seeks  to  be  appointed. 

4.  Whenever  the  application  shows  that  the  applicant 
is  not  within  the  prescribed  limits  of  age  or  is  otherwise 
not  qualified  under  the  rules  and  regulations,  the  applica- 
tion shall  be  rejected.     The  Commission  may,  in  its  dis- 
cretion, refuse  to  examine  an  applicant,  or  to  certify  an 
eligible,  who  is  physically  so  disabled  as  to  be  rendered 
unfit  for  his  performance  of  the  duties  of  the  position  to 
which  he  seeks  appointment;  or  who  is  addicted  to  the 
habitual  use  of  intoxicating  beverages  to  excess;  or  who 
has  been  guilty  of  a  crime  or  of  infamous  or  notoriously 
disgraceful  conduct;  or  who  has  been  dismissed  from  the 
service  for  delinquency  or  misconduct  within  one  year 


158  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

next  preceding  the  date  of  his  application;  or  who  has 
intentionally  made  a  false  statement  in  any  material  fact, 
or  practiced,  or  attempted  to  practice,  any  deception  or 
fraud  in  his  examination  or  in  securing  his  eligibility  or 
appointment.  Any  of  the  foregoing  disqualifications  shall 
be  good  cause  for  the  removal  of  an  eligible  from  the 
service  after  his  appointment. 

5.  In  applications  for  examination  for  positions  requir- 
ing scientific,  professional  or  technical  qualifications,  the 
Commission  may  require  evidences  of  special  education 
for,  or  of  practical  experience  for  a  satisfactory  term  in, 
such  science,  profession,  art  or  trade;  and  shall  require  the 
production  of  such  certificates  of  competency  and  licenses 
as  are  provided  by  the  statutes  of  this  State  as  necessary 
to  enable  the  practice  of  any  profession,  art  or  trade. 

6.  Any  application  for  a  position  in  the  Civil  Service 
made  in  contravention  of  the  provisions  of  the  ninth  and 
thirteenth    sections    of    the    Civil    Service    Act    will    be 
rejected. 

Rule  X.    Examinations  for  Merit 

i.  All  examinations  by  the  Commission  shall  be  of  a 
suitable  and  practical  character,  involving  such  subjects 
as  will  fairly  test  the  general  qualifications  of  the 
applicant  for  the  position  for  which  he  is  examined,  and 
may  also  include  oral  examinations  or  special  tests  for  any 
particular  position  requiring  any  scientific,  professional  or 
technical  knowledge  or  manual  skill. 


NEW  CIVIL  SERVICE  RULES  AND  REGULATIONS      159 

2.  Under  the  direction  of  the  Commission  the  chief 
examiner  will  prepare  a  list  of  subjects  of  examination  for 
the    several    positions    in    Class    II,    upon    which    each 
applicant  must  be  examined. 

3.  For  the  purpose  of  making  examinations  of  applicants 
from  time  to  time,  as  may  be  required,  the  Commission 
shall  designate  and  select  a  suitable  number  of  persons  to 
be  members  of  boards  of  examiners  at  such  places  as  it 
deems  necessary  and  shall  duly  commission  such  persons 
as  examiners;  and  the  Commission  may  at  any  time  sub- 
stitute any  other  person  in  place  of  any  one  so  selected. 
When  persons  selected  as  examiners  are  in  the  official 
service  of  the  State,  the  head  of  the  office  in  which  such 
persons  serve  shall  be  consulted;  and  in  the  discharge  of 
their  duties  as  examiners  the  persons  so  selected  from  the 
official  service  shall  be  responsible  solely  to  the  Commis- 
sion, and  shall  act  under  its  regulations  and  directions. 
The  members  of  any  board  of  examiners  shall  not  all  be 
adherents  of  one  political  party  when  other  persons  are 
available  and  competent  to  serve  upon  such  board. 

4.  Examinations  shall  be  held  at  such  places  and  upon 
such    dates    as    the    Commission    shall    deem    most    ad- 
vantageous to  the  service  and  convenient  for  applicants. 
Previous  notice  of  examinations  shall  be  mailed  to  all  per- 
sons who  have  made  application  in  due  form,  with  copies 
of  all  such  general  or  special  regulations  as  the  Commis- 
sion shall  prescribe. 


160  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

5.  Whenever  physical  qualifications  are  of  prime  im- 
portance in  the  proper  discharge  of  duties  in  any  position, 
applicants  must  pass  a  physical  examination  and  be  cer- 
tified as  qualified  in  such  respect,  either  before  admission 
to  examination,  or  before  record  in  the  proper  merit  list, 
or  before  certification  for  appointment,  as  the  Commis- 
sion may  determine. 

6.  No  person  who  has  failed  in  any  examination  for  a 
position  in  the  classified  service  shall  be  admitted  within 
one  year  from  the  date  thereof  to  a  new  examination  for 
the  same  position. 

7.  Examination  papers  shall  be  rated  on  a  scale  of  50, 
and    the    subjects   therein    shall    be   given    such    relative 
weights    as  the  Commission  may  prescribe.    After  a  com- 
petitor's papers  have  been  rated  he  shall  be  duly  notified 
of  the  results  thereof. 

Rule  XI.    Merit  Lists 

i.  Every  competitor  who  attains  an  average  rating  of 
35  or  over  on  all  the  obligatory  subjects  in  any  examina- 
tion for  merit  shall  be  eligible  for  examination  for  fitness 
for  appointment  to  the  position  for  which  he  was  ex- 
amined; and  the  names  of  eligibles  shall  be  entered  in  the 
order  of  their  average  ratings  on  the  proper  merit  list; 
provided  that  the  names  of  the  competitors  who  have 
passed  as  above,  and  whose  claims  for  preference  under 
section  9  of  article  V  of  the  Constitution  have  been 


NEW  CIVIL  SERVICE  RULES  AND  REGULATIONS      161 

allowed  by  the  Commission  shall  be  placed  in  the  order  of 
their  respective  average  ratings  at  the  head  of  the  proper 
merit  list. 

2.  When  two  or  more  persons  on  a  merit  list  have  the 
same  average  rating,  precedence  on  such  list  shall  be  de- 
termined by  the  order  in  which  their  applications  were 
filed,  but  neither  priority  in  the  date  of  application  nor  of 
examination  will  give  any  other  advantage  in  position  on 
such  list. 

3.  The  Commission  may  include  in  one  merit  list  the 
names  of  persons  examined  for  all  the  positions  in  any 
subdivision  of  a  group,  and  may  so  arrange  examinations 
for  positions  in  a  group  as  to  combine  them  in  regard  to 
the  main  qualifications  to    be    tested    and    with    specific 
variations  in  other  tests  as  to  the  distinct  subdivisions  of 
the  group,  so  that  as  many  merit  lists  may  be  prepared 
from  such  examinations  as  the  interests  of  the  service 
demand.     A  transfer  of  names  from  one  merit  list  to  an- 
other, prepared  as  above,  may  be  made  under  the  regula- 
tions of  the  Commission. 

4.  Within  five  days  after  the  filing  of  a  merit  list  the 
Commission  will  notify  each  candidate  whose  name  ap- 
pears thereon  of  the  date  of  such  filing  and  the  order  of 
his  standing  on  such  list,  and  with  such  notice  shall  be 
served  a  copy  of  this  rule.    The  deposit  of  such  a  notice 
in  the  post-office  or  branch  post-office  at  Albany,  properly 
addressed,  with  the  postage  paid,  shall  be  deemed  a  suffi- 
cient service  thereof.     Each  person  whose  name  appears 


1 62  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

upon  such  merit  list  must  notify  the  Commission  at  least 
once  every  three  months,  computing  from  the  date  of 
filing  the  list,  that  he  is  willing  to  accept  an  appointment, 
if  tendered  to  him,  and  desires  to  have  his  name  con- 
tinued on  such  list.  If  such  a  notice  is  not  received  by  the 
Commission  the  name  of  the  candidate  shall  thereupon 
be  stricken  from  the  list. 

If  a  candidate  whose  name  has  been  entered  upon  an 
eligible  list  declines  or  fails  to  accept  an  offer  of  appoint- 
ment from  any  officer  authorized  to  appoint  from  such 
list,  he  shall  be  deemed  to  have  waived  his  right  to  ap- 
pointment and  his  name  shall  be  stricken  from  the  list. 

5.  For  State  positions  outside  of  Albany,  the  duties  of 
which  are  confined  to  a  district  or  locality  or  are  of  such  a 
nature  as  to  require  intimate  knowledge  of  the  district  or 
locality,  or  in  cases  where  the  temporary  character  or  low 
compensation  of  the  services  renders  it  improbable,  in  the 
opinion  of  the  Commission,  that  persons  will  be  willing 
to  come  from  a  distance  to  accept  such  service,  the  Com- 
mission may  by  regulation  provide  for  separate  merit  lists 
for  such  districts  or  localities  to  be  restricted  to  residents 
therein;  but  whenever  such  restriction  is  made  on  account 
of  the  temporary  character  or  low  compensation  of  the 
service,  it  shall  be  provided  that  applicants  residing  out- 
side a  district  may  upon  special  application  be  entered 
upon  the  list  for  that  district.  In  all  cases  where  practi- 
cable the  districts  herein  provided  for  shall  be  so  limited 
that  every  portion  of  the  State  shall  be  included. 


NEW  CIVIL  SERVICE  RULES  AND  REGULATIONS      163 

Rule  XII.     Term  of  Probation 

1.  Every  original  appointment  to  or  employment  in  any 
position  in  Class  II  shall  be  for  a  probationary  term  of 
three  months,  and  an  appointing  or  nominating  officer  in 
notifying  a  person  selected  by  him  for  appointment  or 
employment  shall  specify  the  same  as  for  a  probationary 
term  only;  and  at  the  end  of  such  term,  if  the  conduct, 
capacity  and  fitness  of  the  probationer  are  satisfactory  to 
the  appointing  officer,  his  retention  in  the  service  shall  be 
equivalent  to  his  absolute  appointment,  but  if  his  con- 
duct, capacity  or  fitness  be  not  satisfactory,  he  may  be 
discharged  at  any  time. 

2.  Every  officer  under  whom  any  probationer  shall  serve 
during  any  part  of  his  probation  shall  carefully  observe 
the  quality  and  value  of  the  services  rendered  by  such 
probationer  and  his  conduct,  and  if  so  required  shall  re- 
port in  writing  to  the  proper  appointing  officer  the  facts 
observed  by  him,  showing  the  character  and  qualifications 
of  such  probationer,  and  of  the  service  rendered  by  him, 
and  such  reports  shall  be  preserved  on  file. 

Rule  XIII.     Temporary  Appointments 
i.  No  temporary  appointment  or  employment  in  Class 
II  shall  be  made  or  given,  except  under  the  provisions  of 
the  fifth  section  of  Rule  VIII,  or  as  herein  provided. 

Every  officer  having  the  power  of  such  employment 
shall,  previous  to  making  the  same,  certify  to  the  Com- 
mission that  the  services  to  be  rendered  are  of  a  tem- 
porary character  and  shall  give  the  duration  and  character 


164  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

of  the  service  to  be  rendered  and  the  rate  of  compensa- 
tion to  be  paid  therefor.  When  the  duration  of  service  is 
certified  not  to  exceed  one  month,  and  the  need  of  such 
service  to  be  immediate  and  urgent,  the  appointing 
officer  may  select  for  such  temporary  service  any  person 
on  the  proper  register  of  those  eligible  for  permanent 
appointment;  subject,  however,  to  the  provisions  of  law 
giving  preference  in  appointment  to  certain  persons; 
except  that  temporary  appointments  of  officers  may  be 
made  for  not  more  than  five  days  in  any  case  to  transfer 
prisoners  from  one  prison  to  another,  or  as  substitutes  for 
regular  officers  who  are  necessarily  absent,  engaged  in  this 
duty.  When  the  character  of  the  temporary  service  is 
exceptional,  and  in  the  judgment  of  the  Commission  a 
competitive  examination  is  not  practicable,  the  applica- 
tion of  this  rule  may  be  suspended,  or  modified  in  such 
manner  as  the  Commission  may  deem  proper. 

2.  No  person  appointed  under  this  rule,  except  those 
appointed  as  herein  provided  for  the  transfer  of  prisoners, 
shall  be  appointed  temporarily  a  second  time  unless  sixty 
days    shall    have    elapsed    since    the    termination    of    his 
previous  term  of  temporary  service,  and  every  temporary 
appointment   without  examination  must  be  reported  to 
the  Commission  forthwith  with  the  reason  for  the  same. 

3.  The  acceptance  by  an  eligible  of  a  temporary  appoint- 
ment shall  not  affect  his  standing  on  the  eligible  list  for  a 


NEW  CIVIL  SERVICE  RULES  AND  REGULATIONS      165 

permanent  employment  nor  shall  the  period  of  temporary 
service  be  counted  as  part  of  the  probationary  service  in 
case  of  subsequent  appointment  to  a  permanent  position. 

Rule  XIV.    Short-Term  Positions 

1.  All  positions  in  Class  II,  where  the  nature  of  service 
is  such  that  it  is  not  continuous  through  the  year,  but 
recurs  in  each  successive  calendar  year,  shall  be  designated 
as  short-term  positions  and  shall  be  subject  to  the  pro- 
visions of  these  rules  applicable  generally  to  positions  in 
Class  II,  except  as  herein  otherwise  provided. 

2.  Any  person  originally  appointed  to  or  employed  in 
a  short-term  position  under  the  provisions  of  these  rules 
and  who  has  been  temporarily  separated  from  the  service 
by  the  expiration  thereof  in  any  year  shall  be  entitled  to 
reappointment  to  or  re-employment  in  the  same  position 
in  the  next  ensuing  year  upon  filing  in  the  office  of  the 
Commission,  in  such  form  as  it  may  prescribe,  a  request 
for    such    reappointment    or    re-employment    within    six 
weeks  previous  to  and  at  least  thirty  days  before  the  date 
of  resumption  of  such  short-term  service.     The  Commis- 
sion shall  certify  to  the  proper  appointing  or  employing 
officer  the  names  and  post-office  addresses  of  the  persons 
who  have  made  such  formal  requests,  and  they  shall  be 
reinstated  in  the  positions  vacated  by  them  in  the  previous 
year  in  the  order  of  the  date  of  their  original  appointment 
or  latest  promotion  in  the  several  grades;  [roi'idcd,  that  in 
the  meantime  they  are  not  disqualified  from  any  of  the 
causes  recited  in  the  fourth  section  of  Rule  IX. 


166      PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

Rule  XV.    Promotions 

1.  No  vacancy  in  any  position  in  Class  II  above  the 
lowest  grade  in  any  subdivision  and  group  shall  be  filled 
by  original  appointment  by  certification  from  the  registers 
of   eligibles   whenever   there   is   in   the   office  where  the 
vacancy  exists  any  person  holding  a  position  in  a  lower 
grade  in  the  same  subdivision  or  group  who  is  fit,  meri- 
torious and  willing  to  be  promoted  and  so  certified  as 
hereinafter  provided;  provided,  that  for  original  entrance 
to  the  position  proposed  to  be  filled  by  promotion  there 
is  not  required  by  these  rules,  in  the  opinion  of  the  Com- 
mission,   an    examination    involving    essential    tests    or 
qualifications  different  from  or  higher  than  those  involved 
in  the  examination  for  original  entrance  to  the  position 
held  by  the  person  proposed  to  be  promoted;  but  this 
restriction  shall  not  apply  in  case  the  name  of  such  person 
shall  be  upon  the  eligible  list  for  such  higher  position. 

2.  Promotion    shall    in    all    cases   be    based    upon    the 
positive  merits  and  fitness  of  the  person  promoted  and 
upon  his  superior  qualifications  as  shown  by  his  previous 
service,  due  weight  being  given  to  seniority. 

3.  In  order  that  such  merit  and  fitness  may  be  properly 
certified  and  such -superior  qualifications  may  be  relatively 
estimated,  there  shall  be  kept  in  every  office,  continuous 
and   comparative   records   of  the   efficiency,   punctuality, 
attention  and  general  good  conduct  of  all  persons  em- 
ployed therein,  which  records  shall  be  the  main  factor  in 
competition  for  promotion. 


NEW  CIVIL  SERVICE  RULES  AND  REGULATIONS      167 

4.  Whenever  the  head  of  an  office  shall  deem  a  written 
competitive  examination  to  be  practicable  as  a  factor  in 
ascertaining  the  relative  merit  of  those  persons  otherwise 
qualified  for  promotion  to  a  vacancy  in  his  office,  the 
Commission   on  his   formal   application   may   hold   such 
examination  and  certify  the  results  to  the  head  of  the 
office  for  his  information. 

5.  Promotions  shall  be  made  by  regular  and  successive 
grades,  but  if  there  is  no  person  fit  for  promotion  in  the 
next  inferior  grade,  the  selection  shall  be  made  from  the 
second  inferior  grade,  and  if  none  there  be  found  fit,  then 
from  the  third  inferior  grade,  and  so  on  until  a  suitable 
person  has  been  found  in  such  grade  o'r  grades,  or  if  there 
be  none  found  in  such  inferior  grades  the  vacancy  shall 
be  filled  by  appointment  under  these  rules  from  the  proper 
eligible  list  of  those  qualified  for  appointment  to  positions 
in  the  subdivision  of  the  group  wherein  the  position  to  be 
filled  is  classified. 

6.  No  promotion  can  be  made  from  a  position  in  one 
class  or  group  to  a  position  in  another  class  or  group, 
unless  the  same  be  specially  authorized  by  the  Commis- 
sion, but  a  person  employed  in  any  grade  shall  not  because 
of  such  employment  be  barred  from  the  open,  competitive 
examination  provided  for  original  entrance  to  any  other 
grade. 

7.  In  case  of  any  vacancy  to  be  filled  under  this  rule 
by  promotion,  the  head  of  the  office,  in  his  discretion  and 
in  accordance  with  the  preceding  clauses  of  this  rule,  shall 


1 68  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

make  a  promotion  or  appointment  to  fill  such  vacancy, 
and  shall  certify  the  same  to  the  Commission  in  such  form 
as  it  may  prescribe,  and  shall  give  in  such  certificate  the 
specific  reasons  for  such  promotion  or  appointment;  or 
in  case  the  head  of  the  office  shall  determine  that  there  is 
no  person  in  his  office  entitled  by  merit  and  fitness  and 
willing  to  be  promoted  to  such  vacancy  he  shall  so  certify 
to  the  Commission  in  such  form  as  it  may  prescribe.  A 
duplicate  of  any  certificate  to  the  Commission  by  the 
head  of  an  office,  as  above  provided,  whether  the  vacant 
position  be  filled  by  promotion  or  original  appointment, 
with  the  reasons  therefor,  shall  be  filed  in  the  office  of  the 
officer  making  it  and  shall  be  considered  a  public  record, 
open  to  the  scrutiny  of  any  one  concerned. 

8.  No  recommendation  of  any  person  for  promotion, 
whether  verbal  or  written,  shall  be  entertained  or  received 
unless  made  in  the  ordinary  course  of  duty  by  his  imme- 
diate official  superiors,  and  the  presentation  of  any  recom- 
mendation other  than  that  of  such  superiors  shall  be 
considered  an  unwarrantable  interference  with  the  public 
service,  and  the  person  so  recommended  may  be  required 
to  show,  before  being  certified  for  promotion,  that  such 
recommendation  was  not  made  by  his  request  or  con- 
nivance. 

Rule  XVI.    Transfers 

i.  A  person  who  has  received  an  absolute  appointment 
to  any  position  in  Class  II  may  be  transferred  to  a  posi- 
tion in  the  same  group,  subdivision  and  grade  in  any  other 


NEW  CIVIL  SERVICE  RULES  AND  REGULATIONS      169 

office;  provided,  that  for  original  entrance  to  the  position 
purposed  to  be  filled  by  transfer  there  is  not  required  by 
these  rules,  in  the  opinion  of  the  Commission,  an  exami- 
nation involving  essential  tests  or  qualifications  different 
from  or  higher  than  those  involved  in  the  examination 
for  original  entrance  to  the  position  held  by  the  person 
proposed  to  be  transferred,  but  this  restriction  shall  not 
apply  in  case  the  name  of  such  person  shall  be  upon  the 
eligible  list  for  the  position  to  which  he  is  proposed  to 
be  transferred. 

2.  No  transfer  can  be  made  from  any  position  in  the 
unclassified  service  to  any  position  in  the  classified  service, 
nor  from  any  position  in  one  class  to  any  position  in  an- 
other class,  nor  from  any  position  in  any  grade,  sub- 
division or  group  in  Class  II  to  any  different  grade, 
subdivision  or  group  in  that  class,  unless  the  same  shall 
be  specially  authorized  by  the  Commission,  and  such 
authorization  shall  be  reported  with  the  reasons  therefor 
to  the  Legislature;  provided,  that  a  person  who,  by  pro- 
motion or  transfer  from  a  position  in  the  classified  service, 
has  entered  a  position,  appointment  to  which  is  made  by 
the  Governor  by  and  with  the  consent  of  the  Senate,  and 
has  served  continuously  therein  from  the  date  of  said 
promotion  or  transfer,  may  be  retransferred  from  such 
unclassified  position  to  the  position  from  which  he  was  so 
transferred,  or  to  any  position  to  which  transfer  could  be 
made  therefrom. 


170      PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

Rule  XVII.     Reinstatement  in  Service 

Any  person  who  has  held  a  position  by  appointment 
under  the  civil  service  rules,  and  who  has  been  separated 
from  the  service  through  no  delinquency  or  misconduct 
on  his  part,  may  be  reinstated  without  re-examination  in 
a  vacant  position  in  the  same  office  and  in  the  same  group, 
subdivision  and  grade,  within  one  year  from  the  date  of 
such  separation;  provided,  that  for  original  entrance  to  the 
position  proposed  to  be  filled  by  reinstatement  there  is 
not  required  by  these  rules,  in  the  opinion  of  the  Com- 
mission, an  examination  involving  essential  tests  or 
qualifications  different  from  or  higher  than  those  involved 
in  the  examination  for  original  entrance  to  the  position 
formerly  held  by  the  person  proposed  to  be  reinstated. 

Rule  XVIII.     Certificates  for  Promotion,  Transfer  and  Rein- 
statement 

1.  Upon  the  written  request  of  an  appointing  officer, 
stating  the  essential  facts  in  regard  to  any  proposed  pro- 
motion, transfer  or  reinstatement,  the  Commission  will, 
if  such  promotion,  transfer  or  reinstatement  be  in  accord- 
ance with  law  and  the  provisions  of  these  rules,  issue  its 
certificate  of  that  fact  to  such  officer. 

2.  All  promotions,  transfers  and  reinstatements  herein 
authorized  shall  be  made  only  after  the  issuance  of  such 
certificate,   except    those   which   may   be  specifically  ex- 
empted from  such  condition  by  regulation  of  the  Com- 
mission. 


NEW  CIVIL  SERVICE  RULES  AND  REGULATIONS      171 

Kule  XIX.    Definition  of  Class  III 

Class  III  shall  include  such  skilled  laborers,  attendants 
and  other  positions  of  a  minor  grade  as  are  named  in  this 
rule,  provided,  that  no  position  the  duties  of  which  require 
the  incumbent  to  come  in  contact  with  the  inmates  of 
any  hospital,  asylum,  prison,  reformatory  or  like  institu- 
tion of  charity  or  correction,  shall  be  considered  that  of 
an  unskilled  laborer. 

Class  III  shall  comprise  the  following  positions  and 
such  other  positions  as  may  hereafter  be  added: 

Positions  in  Class  III 
In  the  office  of  the  Comptroller: 
The  watchman 

In  the  office  of  the  Treasurer: 
The  watchman 

In  the  Insurance  Department: 
The  watchman 

In  the  Department  of  Public  Instruction: 
Porters 

In  the  Department  of  Public  Buildings: 
Porters,  upholsterers 

In  the  Department  of  Public  Works: 
The  harbor  masters 

In  the  State  hospitals,  asylums  and  charitable  institutions: 

Watchmen,    policemen,    barbers,    supervisors,    nurses, 

attendants,  ward-helpers,  housekeepers,  chefs,  cooks, 


172  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

bakers,  meat-cutters,  laundry  overseers,  head  laun- 
dresses, linemen,  plumbers,  steamfitters,  firemen, 
master  mechanics,  carpenters,  painters,  blacksmiths, 
foremen,  tailors,  shoemakers,  printers,  bookbinders, 
farmers,  dairymen,  gardeners,  florists,  conductors 

In  the  office  of  the  Fisheries,  Game  and  Forest  Commis- 
sion: 

The  protectors  and  foresters 
The  assistant  oyster  protector 

In  the  office  of  the  Adjutant-General: 
The  keeper  of  the  military  bureau 
The  janitor  of  the  military  bureau 

In  the  office  of  the  Chief  of  Ordnance: 
The  watchman 

In  the  Onondaga  Salt  Springs  at  Syracuse: 
Three  inspectors  of  salt 
Three  block  inspectors 
The  overseers  of  pumps 

The  superintendents  of  aqueducts  and  reservoirs 
The  inspectors  of  barrels 
The  engineers 
The  pumpers 

In  the  State  Prisons: 
The  machinists 
The  assistant  matrons 


NEW  CIVIL  SERVICE  RULES  AND  REGULATIONS      173 

The  foremen,  manufacturing  department 
The  examiners,  manufacturing  department 

In  the  Prison  for  Women  at  Auburn: 
The  attendants 

In  the  State  Reformatory  at   Elmira: 
Hospital  stewards 
Machinists 
Firemen 
Office  boys 

In  the  State  Industrial  School  at  Rochester: 

Nurses,  housekeepers,  patrolmen,  yard  officers,  dining- 
room  officers,  dormitory  officers,  guardhouse  offi- 
cers, farm  guards,  gatekeepers,  caretakers,  attend- 
ants, cooks,  superintendent  of  hospital,  superin- 
tendent of  kitchen,  milk  sterilizer,  dentist 

In  the  House  of  Refuge  for  Women  at  Hudson: 

Supervisors,  assistant  supervisors,  watchmen,  marshals, 
firemen 

In  the  Thomas  Orphan  Asylum  at  Versailles: 
Attendants,  cooks,  head  farmer 

In  the  House  of  Refuge  for  Women  at  Albion: 
Nurses,  cooks,  seamstresses,  firemen 

In  the  School  for  the  Blind  at  Batavia: 

Housekeepers,  ushers,  bakers,  cooks,  laundresses,  fire- 
men, florists,  carpenters,  yardmen,  janitors 


174  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

In  the  Soldiers  and  Sailors'  Home  at  Bath: 

Cooks,    blacksmiths,    linemen,    steamfitters,    firemen, 
carpenters,  nurses 

In  the  Department  of  the  Quarantine  Commission: 
Firemen,  cooks,  boatmen,  carpenters 

In  the  Department  of  the  Health  Office  of  the  Port  of 

New  York: 
Shipkeepers,  firemen,  fumigators,  nurses,  watchmen 

Rule  XX.  Employment  in  Positions  in  Class  III 
i.  The  positions  in  Class  III  must  be  filled  by  such 
persons  as  upon  proper  non-competitive  examinations  for 
merit  and  fitness  shall  be  certified  as  qualified  to  discharge 
the  duties  of  such  positions  by  an  examiner  or  examiners 
selected  or  appointed  for  that  purpose;  provided,  that  from 
time  to  time  the  Commission  shall  transfer  positions  from 
this  class  to  Class  II,  whenever  it  shall  be  determined  that 
a  competitive  examination  therefor  is  practicable.  The 
head  of  any  office,  department  or  institution  in  which 
there  may  be  a  vacancy  or  vacancies  in  any  position  or 
positions  in  this  schedule,  may  name  for  examination  for 
merit  by  this  Commission  a  person  for  each  vacancy,  and 
his  request  for  such  examination  shall  be  accompanied  by 
his  certificate  showing  that  the  person  named  has  been 
examined  for  fitness,  with  the  result  of  such  examination. 
The  Commission  may  provide  by  special  regulation  that 
in  any  institution  where  a  number  of  persons  are  employed 


NEW  CIVIL  SERVICE  RULES  AND  REGULATIONS      175 

in  the  same  grade,  the  employing  officer  may  name  for 
examination  more  than  one  person,  in  order  that  there 
may  be  a  list  of  qualified  persons  from  which  to  make  an 
immediate  selection  in  case  of  vacancy. 

2.  The  Commission  shall  select,  appoint  and  commis- 
sion examiners  or  boards  of  examiners  to  determine  the 
merit  of  persons  named  for  employment  in  positions  in 
Class  III,  and  they  shall  be  subject  to  the  provisions  of 
the  third  section  of  Rule  X. 

3.  Examinations  for  merit  or  fitness  for  positions  in 
Class  III  shall  be  such  as  shall  determine  the  following 
qualifications: 

First.  That  the  person  examined  is  within  the  limits  of 
age  prescribed  for  the  position  or  employment  to  which 
he  has  been  named; 

Second.  That  he  is  properly  certified  as  free  from  any 
physical  defect  or  disease  which  would  be  likely  to  inter- 
fere with  the  proper  discharge  of  his  duties; 

Third.  That  his  character  is  such  as  to  qualify  him  for 
such  position  or  employment;  and 

Fourth.  That  he  possesses  the  requisite  knowledge  and 
ability  to  enter  on  the  discharge  of  his  duties  in  the 
service. 

To  preserve  a  uniform  standard  in  such  qualifications 
for  like  positions  and  employments  in  the  several  institu- 
tions and  offices  of  the  State  service,  the  Commission, 
after  consultation  with  the  principal  officers  concerned, 
may  by  regulations  prescribe  uniform  limitations  and  tests 
for  the  government  of  the  examiners. 


176      PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

Rule  XXI.    Definition  of  Class  IV 

Class  IV  shall  include  unskilled  laborers,  which  term 
shall  embrace  such  laborers  as  are  not  included  in  Class 
III.  Unskilled  laborers  may  be  employed  without 
examination. 

Positions  Classed  as  Laborers 
In  the  Department  of  Public  Works: 

Patrolmen,  lock-tenders,  watchmen,  foremen,  cooks, 
teamsters,  boat-captains,  boat-commanders,  water- 
boys,  pavers,  feeder-tenders,  carpenters,  reservoir- 
tenders,  pilots,  firemen,  cranesmen,  bridge-tenders, 
deck-hands,  painters,  blacksmiths,  weighmasters, 
divers  and  janitors 

Rule  XXII.    Reports  of  Appointing  Officers 

For  the  purpose  of  certification  of  the  Comptroller,  or 
other  fiscal  officer,  for  the  payment  of  salaries  as  required 
by  law,  and  in  order  that  the  Commission  may  keep 
proper  record  of  the  service  and  of  changes  in  it,  each 
appointing  and  employing  officer  from  time  to  time  after 
the  date  of  the  promulgation  of  these  rules  and  upon  the 
date  of  the  official  action  in  or  knowledge  of  each  case, 
shall  report  to  the  Commission  as  required  by  law,  and 
in  such  form  and  manner  as  it  may  prescribe,  as  follows: 

(«)  Every  original  appointment  or  employment  whether 
probational,  temporary,  or  otherwise,  with  the  date  of 
commencement  of  service  and  the  compensation  of  the 
position; 


NEW  CIVIL  SERVICE  RULES  AND  REGULATIONS      177 

(b)  Every  failure  to  accept  an  appointment  under  him 
by  a  person  who  has  been  duly  certified,  with  the  reasons, 
if  any,  given  therefor; 

(c)  Every  discharge  at  the  end  of  probationary  term 
with  the  date  thereof; 

(d)  Every  vacancy  in  a  position,  whether  caused  by 
dismissal,  resignation  or  death,  with  the  date  thereof; 

(e)  Every  new  position  with  the  duties  of  the  same,  as 
defined  in  Rule  VII,  and  the  compensation  thereof; 

(f)  Every  position  abolished  with  date  of  such  abolition; 

(g)  Every  change  of  compensation  in  a  position,  with 
the  date  thereof; 

(/t)  Every  change  in  the  duties  of  a  position  that  may 
require  its  reclassification,  with  the  date  thereof; 

(i)  Every  promotion,  giving  the  positions  from  which 
and  to  which  made,  with  the  date  thereof; 

(/)  Every  transfer,  giving  the  positions  from  which  and 
to  which  made,  with  the  date  thereof; 

(&)  Every  reinstatement  in  a  position,  with  the  date 
thereof. 

Rule  XXIII.     Certifications  to  Fiscal  Officers 

i.  The  Commission  shall  keep  in  its  office  an  official 
roster  of  the  classified  Civil  Service  of  the  State  and  shall 
enter  thereon  the  name  of  each  and  every  person  who  has 
been  appointed  to,  employed,  promoted  or  reinstated  in 
any  position  in  such  service  upon  such  evidence  as  it  may 
require  or  deem  satisfactory  that  such  person  was  ap- 


178  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

pointed  to,  or  employed,  promoted  or  reinstated  in  the 
service  in  conformity  with  the  provisions  of  law  and  of 
these  rules.  The  official  roster  shall  show  opposite  or  in 
connection  with  each  name  the  date  of  appointment, 
employment,  promotion  or  reinstatement,  the  class, 
group,  subdivision  and  grade  of  and  the  office  in  which 
and  the  compensation  of  the  position,  date  of  commence- 
ment of  service,  and  the  date  of  transfer  in  or  separation 
from  the  service  by  dismissal,  resignation,  cancellation  of 
appointment,  or  death. 

2.  Whenever  the  name  of  a  person,  appointed  to  or 
employed,    promoted,    transferred    or   reinstated   in    any 
position   in   the   classified   service,    is   entered   upon    the 
official  roster  as  provided  above   the   Commission   shall 
certify  to   the   Comptroller   or   other   fiscal   officer   duly 
authorized  to  pay  or  draw  a  warrant  for  the  payment  of 
the  salary  of  such  position,   the  name,   position,   office, 
compensation  and  date  of  commencement   of  service  of 
the  person  so  appointed,  employed,  promoted,  transferred 
or  reinstated;  and  in  like  manner  shall  certify  to  the  offi- 
cials aforesaid  any  separation  of  a  person  from  the  service, 
or  other  change  therein,  and  the  name  of  any  person  ap- 
pointed or  employed  in  the  civil  service  of  the  State  in 
violation  of  law  or  of  the  rules  and  regulations  made  in 
pursuance  of  law. 

3.  Upon  satisfactory  evidence  that,  with  intent  to  evade 
the   provisions   of   law   and   of   these   rules,    any   person 
appointed  to  or  employed  in  any  position  in  the  classified 


NEW  CIVIL  SERVICE  RULES  AND  REGULATIONS      179 

service  has  been  assigned  to  perform  duties  other  than 
those  for  which  he  was  examined  and  certified,  the  Com- 
mission shall  cancel  its  certification  of  such  person  by 
formal  notice  to  the  fiscal  and  appointing  officers,  and 
the  appointment  or  employment  of  such  person  shall  be 
void  on  and  after  five  days  from  the  date  of  such  notice. 

Rule  XXIV.  Power  of  Appointment  and  Removal 
Subject  only  to  the  qualifications  required  to  be  ascer- 
tained in  accordance  with  these  rules,  the  power  of  ap- 
pointment and  the  responsibility  of  selection  are  in  all 
cases  in  the  appointing  officer.  The  power  to  remove 
(existing  by  law)  on  the  part  of  any  officer  is  not  impaired 
by  anything  contained  in  these  rules. 

Rule  XXV.    Counties,  Towns  and  Villages 

These  rules  shall  not  apply  to  the  officers  of  counties, 
towns  or  villages. 


180  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

MATTER  OF  PARKER,  POLICE  COMMISSIONER 
-DISAPPROVAL  OF  THE  MAYOR'S  ORDER 
OF  REMOVAL  FROM  OFFICE 

STATE  OF  NEW  YORK 
Executive  Chamber 

Albany,  July   12,   1897 

In  the  matter  of  the  charges  preferred  against  Andrew  D.  Parker 
a  Police  Commissioner  in  the  city  of  Nezu  York  —  Disapproval 
of  the  Mayor's  order  of  removal  from  office. 

THIS  is  a  proceeding  for  the  removal  of  Andrew  D. 
Parker  from  the  office  of  police  commissioner  of  the  city 
of  New  York.  The  proceeding  was  conducted  before  the 
Mayor,  who  decided  that  such  removal  should  be  made, 
and  it  was  made,  subject  to  the  approval  of  the  Governor. 

The  charge  against  Parker  upon  which  he  was  tried 
was  that  he  had  neglected  his  official  duties.  I  have 
carefully  read  all  the  testimony  taken  upon  the  trial  and 
the  briefs  submitted  by  counsel.  In  my  judgment  the 
charge  has  not  been  sustained. 

A  review  of  the  testimony  here  is  neither  necessary  nor 
proper.  That  the  efficiency  of  the  police  board  could 
have  been  greater  is  undoubtedly  true,  but  the  failure  to 
attain  such  efficiency  seems  to  have  been  due  rather  to 
the  infirmities  of  several  of  its  members  than  to  the  neg- 
lect of  one.  The  offense  charged  is  serious,  but  the  testi- 


EXTRAORDINARY  TERM  SUPREME  COURT  181 

mony  to  support  it  is  much  of  it  trivial  and  as  a  whole 
insufficient. 

A  proceeding  of  such  magnitude,  whose  effects  must 
be  far-reaching  and  harmful,  should  not  be  instituted  un- 
less evidence  exists  which  is  at  least  partially  adequate 
to  the  gravity  of  the  charge.  I  am  unwilling  to  dissent 
from  the  conclusion  of  the  Mayor,  but  I  believe  it  is 
better  for  every  interest  to  correct  now  an  error  which, 
if  sanctioned  here,  would  be  finally  righted  by  the  courts. 

I  therefore  disapprove  of  the  Mayor's  decision. 

FRANK  S.  BLACK 


APPOINTMENT  OF  AN  EXTRAORDINARY 
TERM  OF  THE  APPELLATE  DIVISION  OF 
THE  SUPREME  COURT,  THIRD  JUDICIAL 
DEPARTMENT 

STATE  OF  NEW  YORK 

Executive  Chamber 

IT  APPEARING  to  my  satisfaction  that  the  public  in- 
terest requires  it; 

Therefore  in  accordance  with  the  statute  in  such  case 
made  and  provided  I  do  hereby  appoint  an  Extraordinary 
Term  of  the  Appellate  Division  of  the  Supreme  Court  for 
the  Third  Judicial  Department,  to  be  held  at  the  court- 
house in  the  city  of  Albany  on  Friday  the  twenty-second, 
day  of  October,  1897  at  10  o'clock  in  the  forenoon  of  that 


1 82  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

day,  and  I  do  further  direct  that  notice  of  this  appoint- 
ment of  said  court  be  given  by  publication  of  this  order 
in  the  Albany  Morning  Express  newspaper. 

Given  under  my  hand  and  the  Privy  Seal  of  the 

State  at   the   Capitol  in   the  city  of  Albany 

[L  s]        this  nineteenth  day  of  October  in  the  year  of 

our   Lord   one   thousand   eight    hundred   and 

ninety-seven 

FRANK  S.  BLACK 
By  the  Governor: 

WILLIAM  M.  GRIFFITH 

Private  Secretary 


THANKSGIVING  PROCLAMATION 

STATE  OF  NEW  YORK 

Executive  Chamber 

The  year  now  passing  has  been  filled  with  occasions 
for  thanksgiving.  Commerce  has  flourished  and  all  forms 
of  industry  have  yielded  reasonable  returns.  Charity  and 
benevolence  have  been  exercised  and  encouraged;  the 
rights  of  citizenship  respected,  and  the  supremacy  of  the 
law  maintained. 

The  manifold  evidences  of  general  prosperity  give  us 
courage  for  the  present  and  hope  and  confidence  for  the 
future. 


THANKSGIVING  PROCLAMATION  183 

For  these  beneficent  conditions  we  should  acknowledge 
our  gratitude  to  Almighty  God. 

WHEREFORE,  I,  Frank  S.  Black,  Governor,  do  hereby 
designate  Thursday,  the  twenty-fifth  day  of  November 
instant,  as  a  day  of  general  thanksgiving  among  the 
people  of  the  State,  and  I  recommend  that  on  that  day 
they  refrain  from  their  ordinary  pursuits  and  assemble 
at  their  accustomed  places  of  worship  and  give  devout 
acknowledgment  to  God  for  the  blessings  of  this  year.  I 
also  commend  for  that  day  special  thoughtfulness  for  the 
poor  and  unfortunate.  No  higher  form  of  worship  could 
grace  Thanksgiving  Day  than  the  exercise  of  a  charity 
so  generous  and  strong  that  it  will  continue  unabated 
through  all  the  year. 

Done  at   the  Capitol  in   the  city  of  Albany 
this  eleventh  day  of  November  in   the 
[PRIVY  SEAL]     year  of  our  Lord  eighteen  hundred  and 
ninety-seven. 

FRANK  S.   BLACK 
By  the  Governor: 

WILLIAM  M.  GRIFFITH 

Private  Secretary 


184  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

MATTER    OF    BACKUS,    DISTRICT    ATTORNEY 
-ORDER       DISMISSING       CHARGES,       AND 

OPINION 

STATE  OF  NEW  YORK 

Executive  Chamber 

In  the  matter  of  the  charges  preferred  against  Foster  L.  Backus 
the  district  attorney  of  the  county  of  Kings  —  Order  dismiss- 
ing charges 

Charges  of  misconduct  in  office  and  neglect  of  duty 
having  been  heretofore  preferred  by  Thomas  C.  Jenks 
against  Foster  L.  Backus,  the  district  attorney  of  the 
county  of  Kings,  and  a  copy  of  said  charges  having  been 
duly  served  upon  the  said  Foster  L.  Backus,  and  he  having 
filed  his  answer  thereto  denying  any  misconduct  or  neg- 
lect of  duty,  and  it  appearing  to  me  that  the  public  in- 
terest does  not  demand  that  further  proceeding  be  had 
in  this  matter,  therefore  it  is  hereby 

ORDERED,  That  the  said  charges  against  the  said  Foster 
L.  Backus  be  and  the  same  are  hereby  dismissed. 

Given  under  my  hand  and  the  privy  seal   of  the 

State  at  the  Capitol  in  the  city  of  Albany  the 

[L  s]       ninth  day  of  December  in  the  year  of  our  Lord 

one  thousand  eight  hundred  and  ninety-seven. 

FRANK  S.  BLACK 
By  the  Governor: 

WILLIAM  M.  GRIFFITH 

Private  Secretary 


MATTER  OF  DISTRICT  ATTORNEY  BACKUS  185 

STATE  OF  NEW  YORK 

Executive  Chamber 

Albany,  December  9,  1897 

In  the  matter  of  the  charges  preferred  against  Foster  L.  Backus 
the  district  attorney  of  the  county  of  Kings  —  Opinion 

Thomas  C.  Jenks  has  preferred  charges  against  Foster 
L.  Backus,  district  attorney  of  the  county  of  Kings,  al- 
leging in  substance,  that  he  has  been  guilty  of  neglect 
and  violation  of  official  duty.  A  copy  of  the  charges  was 
served  upon  the  district  attorney,  and  his  answer  thereto, 
in  writing,  has  been  filed,  in  which  he  denies  the  allega- 
tions of  neglect  or-  violation  of  duty  made  by  the  peti- 
tioner. 

The  complaint  is  in  substance  that  the  district  attorney 
neglected  or  violated  his  official  duty  in  not  instituting 
criminal  proceedings  against  the  special  deputy  excise 
commissioner  of  Kings  county,  upon  the  charge  that 
such  commissioner  had  violated  the  liquor  tax  law  in 
granting  a  certain  liquor  tax  certificate  in  the  county 
of  Kings.  The  answer  of  the  district  attorney  is  veri- 
fied, and  is  accompanied  by  the  affidavit  of  the  assistant 
district  attorney,  who  had  charge  of  liquor  tax  matters, 
also  statements  and  affidavits  by  the  special  deputy  excise 
commissioner,  his  counsel  and  others,  from  all  of  which 
it  appears  that  there  was  a  question  whether  the  liquor 
tax  certificate  should  have  been  granted,  the  claim  being 
made  that  the  place  where  the  business  was  to  be  carried 
on  was  within  two  hundred  feet  of  certain  dwellings,  whose 


1 86  PUBLEC  PAPERS  OF  GOVERNOR  BLACK 

owners  must  have  given  their  consent  before  a  certificate 
could  be  issued,  and  that  the  necessary  consents  had  not 
been  obtained.  The  matter  was  brought  to  the  atten- 
tion of  the  special  deputy  excise  commissioner,  who  caused 
an  investigation  to  be  made,  from  which  he  concluded 
that  the  necessary  consents  had  been  obtained,  and  that 
the  liquor  tax  certificate  was  regularly  issued.  Consid- 
erable correspondence  between  the  complainant  and  the 
officers  interested  in  this  matter  has  also  been  filed  in 
connection  with  other  papers.  The  district  attorney 
declined  to  institute  criminal  proceedings  against  the 
special  deputy  excise  commissioner. 

From  an  examination  of  the  whole  matter  it  appears 
that  the  district  attorney  and  the  special  deputy  excise 
commissioner  acted  in  good  faith,  and  that  no  further 
investigation  of  the  charges  is  necessary.  The  charges 

are  therefore  dismissed. 

FRANK  S.  BLACK 


APPOINTMENT      OF      AN      EXTRAORDINARY 
TRIAL  TERM  OF  THE  SUPREME  COURT  AT 

RICHMOND 

STATE  OF  NEW  YORK 

Executive  Chamber 

IT  APPEARING  to  my  satisfaction  that  the  public  inter- 
est requires  it; 

Therefore  in  accordance  with  the  statute  in  such  case 
made  and  provided    I  do  hereby  appoint  an  Extraordinary 


DESIGNATION  OF  JUDGE  KELLOGG  187 

Trial  Term  of  the  Supreme  Court  to  be  held  at  the  court- 
house in  the  village  of  Richmond  and  county  of  Rich- 
mond on  Monday  the  seventeenth  day  of  January  next 
at  ten  o'clock  in  the  forenoon  of  that  day  and  to  continue 
so  long  as  may  be  necessary  for  the  disposal  of  the  busi- 
ness which  may  be  brought  before  it;  and  I  do  hereby 
designate  the 

Honorable  S.  ALONZO  KELLOGG, 

of  Plattsburg,  who  is  a  Justice  of  the  Supreme  Court  of  the 
Fourth  Judicial  District  to  hold  the  said  Extraordinary 
Trial  Term  as  hereinbefore  described;  and  I  do  further  di- 
rect that  notice  of  such  appointment  be  given  by  publica- 
tion of  this  order  once  in  each  week  for  three  successive 
weeks  in  the  Richmond  County  Advance  of  West  New 
Brighton  and  the  Staten  Island  Times  of  Tottenville  news- 
papers published  in  Richmond  county. 

Given  under  my  hand  and  the  Privy  Seal  of  the 

State  at   the   Capitol   in   the   city   of  Albany 
[L  s]       this  sixteenth  day  of  December    in  the  year 

of  our  Lord  one  thousand  eight  hundred  and 

ninety  seven. 

FRANK  S.  BLACK 
By  the  Governor: 

WILLIAM  M.  GRIFFITH 

Private  Secretary 


i88      PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

DESIGNATION  OF  JUSTICE  VAN  BRUNT  AS 
PRESIDING  JUSTICE  OF  THE  APPELLATE 
DIVISION  FOR  THE  FIRST  DEPARTMENT 

STATE  OF  NEW  YORK 

Executive  Chamber 

IN  ACCORDANCE  with  section  two  of  Article  six,  of  the 
Constitution  the 

Honorable  CHARLES   H.   VAN   BRUNT 

of  the  city  of  New  York,  a  Justice  of  the  Supreme  Court  of 
the  First  Judicial  District  is  hereby  designated  as  Pre- 
siding Justice  of  the  Appellate  Division  of  the  Supreme 
Court  in  and  for  the  First  Judicial  Department  for  and 
during  his  term  of  office  beginning  on  the  first  day  of 
January  1898. 

Given  under  my  hand  and  the  Privy  Seal  of  the 

State   at   the   Capitol   in   the   city   of  Albany 

[L  s]       this  sixteenth  day  of  December,  in  the  year 

of  our  Lord  one  thousand  eight  hundred  and 

ninety  seven. 

FRANK  S.  BLACK 
By  the  Governor: 

WILLIAM  M.  GRIFFITH 

Private  Secretary 


DESIGNATION  OF  JUDGE  MCLAUGHLIN  189 

DESIGNATION  OF  JUSTICE  McLAUGHLIN  AS 
AN  ASSOCIATE  JUSTICE  OF  THE  APPELLATE 
DIVISION  OF  THE  SUPREME  COURT  FOR 
THE  FIRST  DEPARTMENT 

STATE  OF  NEW  YORK 

Executive  Chamber 

IN  ACCORDANCE  with  section  two  of  Article  six  of  the 
Constitution  the 

Honorable  CHESTER  B.  MCLAUGHLIN 

of  the  Village  of  Port  Henry  a  Justice  of  the  Supreme 
Court  of  the  Fourth  Judicial  District  is  hereby  designated 
as  Associate  Justice  of  the  Appellate  Division  of  the 
Supreme  Court  in  and  for  the  First  Judicial  Department 
for  the  term  of  five  years  from  and  after  the  first  day  of 
January  1898. 

Given  under  my  hand  and  the  Privy  Seal  of  the 

State   at   the   Capitol   in   the   city   of  Albany 

[L  s]       this  sixteenth  day  of  December    in  the  year 

of  our  Lord  one  thousand  eight  hundred  and 

ninety-seven. 

FRANK  S.  BLACK 
By  the  Governor: 

WILLIAM  M.  GRIFFITH 

Private  Secretary 


190      PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

DESIGNATION  OF  JUSTICE  BARTLETT  AS  AN 
ASSOCIATE  JUSTICE  OF  THE  APPELLATE 
DIVISION  OF  THE  SUPREME  COURT  FOR 
THE  SECOND  DEPARTMENT 

STATE  OF  NEW  YORK 

Executive  Chamber 

IN  ACCORDANCE  with  section  two  of  Article  six  of  the 
Constitution  and  the  statute  in  such  case  made  and  pro- 
vided the 

Honorable  WILLARD  BARTLETT 

of  the  county  of  Kings,  who  is  a  Justice  of  the  Supreme 
Court  of  the  Second  Judicial  District  is  hereby  designated 
as  an  Associate  Justice  of  the  Appellate  Division  of  the 
Supreme  Court  in  and  for  the  Second  Judicial  Department 
for  the  term  of  five  years  from  and  after  the  first  day  of 
January  1898,  his  prior  designation  as  such  Associate  Jus- 
tice being  about  to  expire. 

Given  under  my  hand  and  the  Privy  Seal  of  the 

State  at   the  Capitol  in  the   city  of  Albany 

[L  s]        this  twentieth  day  of  December    in  the  year 

of  our  Lord  one  thousand  eight  hundred  and 

ninety  seven. 

FRANK  S.  BLACK 
By  the  Governor: 

WILLIAM  M.  GRIFFITH 

Private  Secretary 


DESIGNATION  OF  JUDGE  WOODWARD  191 

DESIGNATION  OF  JUSTICE  WOODWARD  AS 
AN  ASSOCIATE  JUSTICE  OF  THE  APPELLATE 
DIVISION  OF  THE  SUPREME  COURT  FOR 
THE  SECOND  DEPARTMENT 

STATE  OF  NEW  YORK 

Executive  Chamber 

IN  ACCORDANCE  with  section  two  of  Article  six  of  the 
Constitution  and  the  statute  in  such  case  made  and  pro- 
vided the 

Honorable  JOHN  WOODWARD 

of  the  County  of  Chautauqua  who  is  a  Justice  of  the 
Supreme  Court  of  the  Eighth  Judicial  District  is  hereby 
designated  as  an  Associate  Justice  of  the  Appellate  Divi- 
sion of  the  Supreme  Court  in  and  for  the  Second  Judicial 
Department  for  the  term  of  five  years  from  and  after  the 
first    day    of   January    1898,    to    succeed    the    Honorable 
George  B.  Bradley  whose  term  of  office  is  about  to  expire. 
Given  under  my  hand  and  the  Privy  Seal  of  the 
State  at   the  Capitol  in   the   city   of  Albany 
[L  s]        this  twentieth  day  of  December    in  the  year 
of  our  Lord  one  thousand  eight  hundred  and 

ninety  seven. 

FRANK  S.  BLACK 

By  the  Governor: 

WILLIAM  M.  GRIFFITH 

Priz'atc  Secretary 


192  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

ASSIGNMENT  OF  JUSTICE  DYKMAN  TO  DUTY 
IN  THE  SUPREME  COURT 

STATE  OF  NEW  YORK 

Executive  Chamber 

WHEREAS  the  term  of  office  of  the  Honorable  Jackson 
O.  Dykman  as  Justice  of  the  Supreme  Court  in  and  for 
the  Second  Judicial  district  having  been  abridged  on 
the  thirty  first  clay  of  December  1896  by  the  limitation 
of  age  prescribed  by  section  12  of  article  VI  of  the  Con- 
stitution and  he  prior  to  said  date  having  served  ten  years 
as  such  Justice  and  having  thereby  become  entitled  to 
receive  the  compensation  established  by  law  for  the  re- 
mainder of  the  term  for  which  he  was  elected,  to  wit 
until  the  thirty  first  day  of  December  1903,  which  said 
compensation  is  now  being  received  by  him;  and 

Whereas  he  having  consented  to  be  assigned  by  the 
Governor  to  any  duty  in  the  Supreme  Court  while  his 
compensation  is  so  continued,  and  it  appearing  to  my 
satisfaction  that  the  public  interest  requires  it; 

Therefore  by  virtue  of  the  power  conferred  upon  me 
by  section  12  of  article  VI  of  the  Constitution  and  upon 
filing  his  written  consent  thereto,  I  do  hereby  appoint 
the 

Honorable  JACKSON   O.   DYKMAN 

to  any  duty  in  the  Supreme  Court  which  he  might  law- 
fully have  performed  if  his  term  of  office  had  not  been 


DESIGNATION  OF  JUDGE  BARNARD  193 

abridged  as  aforesaid,   for  and  during  the  term  ending 
December  31,  1898. 

Given  under  my  hand  and  the  Privy  Seal  of  the 
State  at  the  Capitol  in  the  city  of  Albany 
this  thirty  first  day  of  December  in  the  year 
of  our  Lord  one  thousand  eight  hundred  and 
ninety  seven. 

FRANK  S.  BLACK 
By  the  Governor: 

GEORGE  CURTIS  TREADWELL, 

Acting  Private  Secretary 


ASSIGNMENT  OF  JUSTICE  BARNARD  TO  DUTY 
IN  THE  SUPREME  COURT 

STATE  OF  NEW  YORK 

Executive  Chamber 

WHEREAS  the  term  of  office  of  the  Honorable  Joseph 
F.  Barnard  as  Justice  of  the  Supreme  Court  in  and  for 
the  Second  Judicial  District  having  been  abridged  by 
the  limitation  of  age  prescribed  by  section  12  of  article 
VI  of  the  Constitution  and  he  prior  to  said  date  having 
served  ten  years  as  such  Justice,  and  having  thereby  be- 
come entitled  to  receive  the  compensation  established 
by  law  for  the  remainder  of  the  term  for  which  he  was 
elected,  to  wit  until  the  thirty  first  day  of  December 


194  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

1899,  which  said  compensation  is  now  being  received  by 
him  and 

Whereas  he  having  consented  to  be  assigned  by  the 
Governor  to  any  duty  in  the  Supreme  Court  while  his 
compensation  is  so  continued  and  it  appearing  to  my 
satisfaction  that  the  public  interest  requires  it; 

Therefore  by  virtue  of  the  power  conferred  upon  me 
by  section  12  of  Article  VI  of  the  Constitution  and  upon 
filing  his  written  consent  thereto,  I  do  hereby  appoint 
the 

Honorable  JOSEPH  F.  BARNARD 

to  any  duty  in  the  Supreme  Court  which  he  might  law- 
fully have  performed  if  his  term  of  office  had  not  been 
abridged  as  aforesaid,  for  and  during  the  term  ending 
December  31,  1898. 

Given  under  my  hand  and  the  Privy  Seal  of  the 

State  at   the  Capitol  in   the  city  of  Albany 

[L  s]       this  thirty  first  day  of  December  in  the  year 

of  our  Lord  one  thousand  eight  hundred  and 

ninety-seven. 

FRANK  S.  BLACK 
By  the  Governor: 

GEORGE  CURTIS  TREADWELL 

Acting  Private  Secretary 


STATEMENT  OF  PARDONS, 
COMMUTATIONS  OF  SENTENCE,  AND  REPRIEVES 


GRANTED  BY 


FRANK    S.  BLACK,  GOVERNOR, 


DURING  THE  YEAR  1897 


PARDONS 


January  28,  1897.  Oscar  Sheffield.  Sentenced  April  17, 
1896;  county,  Kings;  crime,  forgery,  second  degree;  term, 
one  year;  prison,  Kings  County  Penitentiary. 

March  30,  1897.  Hiram  Dudgeon.  Sentenced  June  19, 
1896;  county,  Chenango;  crime,  arson,  third  degree;  term,  one 
year  and  six  months;  prison,  Auburn. 

June  4,  1897.  John  Baumert.  Sentenced  May  18,  1896; 
county,  Herkimer;  crime,  forgery,  second  degree;  term,  two 
years  and  six  months;  prison,  Auburn. 

June  4,  1897.  Edward  Ryan.  Sentenced  October  21,  1896; 
county,  Monroe;  crime,  grand  larceny,  second  degree;  term, 
one  year;  prison,  Monroe  County  Penitentiary. 

June  4,  1897.  James  O'Grady.  Sentenced  March  17,  1896; 
county,  Erie;  crime,  attempt  to  commit  rape;  term,  two  years 
and  nine  months;  prison,  Erie  County  Penitentiary. 

June  9,  1897.  Joseph  Mintz.  Sentenced  August  9,  1894; 
county,  New  York;  crime,  sodomy;  term,  five  years  and  two 
months;  prison,  New  York  Penitentiary. 

June  9,  1897.  Edwin  Renner.  Sentenced  January  30,  1896; 
county,  Monroe;  crime,  grand  larceny,  second  degree;  maxi- 
mum term,  five  years;  prison,  State  Reformatory. 


198  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

June  9,  1897.  Edwin  Ellis.  Sentenced  January  27,  1897; 
county,  Yates;  crime,  bigamy;  term,  one  year  and  six  months; 
prison,  Auburn. 

June  9,  1897.  Arthur  W.  Herring.  Sentenced  December 
4,  1896;  county,  Erie;  crime,  rape,  second  degree;  term,  one 
year;  prison,  Erie  County  Penitentiary. 

July  6,  1897.  Edward  J.  Mulligan.  Sentenced  July  13, 
1894;  county,  New  York;  crime,  forgery,  second  degree;  term, 
four  years;  prison,  Sing  Sing. 

July  9,  1897.  William  Purcell.  Sentenced  May  8,  1893; 
county,  New  York;  crime,  manslaughter,  first  degree;  term, 
eleven  years  and  one  month;  prison,  Sing  Sing. 

July  9,  1897.  Joseph  Semlik.  Sentenced  February  13, 
1896;  county,  Onondaga;  crime,  burglary,  third  degree;  term, 
two  years  and  nine  months;  prison,  Onondaga  County  Peni- 
tentiary. 

July  14,  1897.  Charles  Heagens.  Sentenced  June  26, 
1897;  county,  Chautauqua;  crime,  petit  larceny;  term,  ninety 
clays;  prison,  Chautauqua  County  Jail. 

September  17,  1897.  George  C.  Brogus.  Sentenced  Au- 
gust 25,  1893;  county,  New  York;  crime,  grand  larceny,  sec- 
ond degree;  maximum  term,  five  years;  prison,  State  Re- 
formatory; transferred  to  Auburn. 

September  17,  1897.  Edward  R.  Folsom.  Sentenced  Octo- 
ber i,  1894;  county,  Steuben;  crimes,  forgery,  second  degree, 
and  burglary,  third  degree;  term,  ten  years;  prison,  Auburn. 


PARDONS 


199 


September  17,  1897.  Otto  Wissler.  Sentenced  November 
22,  1894;  county,  New  York;  crime,  grand  larceny,  second, 
degree ;  maximum  term,  five  years ;  prison,  State  Reformatory. 

September  17,  1897.  George  A.  Clark.  Sentenced  Decem- 
ber 4,  1896;  county,  Chemung;  crime,  forgery,  second  degree; 
term,  minimum,  one  year;  maximum,  three  years  and  nine 
months;  prison,  Auburn. 

September  17,  1897.  Peter  Toppenberg.  Sentenced  Feb- 
ruary 9,  1894;  county,  New  York;  crime,  grand  larceny,  sec- 
ond degree;  maximum  term,  five  years;  prison,  State  Re- 
formatory; transferred  to  Auburn. 

September  20,  1897.  John  Farrell.  Sentenced  April  26, 
1895;  county,  Oneida;  crimes,  burglary  and  grand  larceny; 
term,  five  years  and  eight  months;  prison,  Auburn. 

September  20,  1897.  Joseph  Thornton.  Sentenced  June 
26.  1895;  county,  Oneida;  crimes,  burglary  and  grand  larceny; 
term,  fifteen  years  and  eight  months;  prison,  Auburn. 

September  20,  1897.  Thomas  Murray.  Sentenced  April 
26,  1895;  county,  Oneida;  crimes,  burglary  and  grand  larceny; 
term,  nine  years  and  one  month;  prison,  Auburn. 

September  20,  1897.  James  Grant.  Sentenced  February 
10,  1896;  county,  Monroe;  crime,  burglary,  third  degree; 
maximum  term,  five  years;  prison,  State  Reformatory. 


2oo  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

September  21,  1897.  Erie  O.  Van  Bnxklin.  Sentenced 
September  15,  1893;  county,  Erie;  crimes,  forgery  and  grand 
larceny;  term,  eight  years  and  five  months;  prison.  Auburn. 

October  26,  1897.  James  Genovese.  Sentenced  April  15, 
1897;  county,  New  York;  crime,  assault,  second  degree; 
maximum  term,  five  years;  prison,  State  Reformatory. 

November  4,  1897.  Owen  Rafity.  Sentenced  September 
9,  1897;  county,  Oswego;  crime,  being  a  tramp;  term,  six 
months;  prison,  Onondaga  County  Penitentiary. 

November  8,  1897.  Max  Cohen.  Sentenced  January  2, 
1897;  county,  New  York;  crime,  burglary,  third  degree;  maxi- 
mum term,  five  years;  prison,  State  Reformatory. 

November  10,  1897.  Frank  Kennedy.  Sentenced  March 
17,  1896;  county,  Erie;  crime,  rape;  term,  two  years  and  nine 
months;  prison,  Erie  County  Penitentiary. 

November  12,  1897.  Arthur  Meyer.  Sentenced  February 
9,  1894;  county,  New  York;  crime,  attempt  to  commit  forgery, 
second  degree;  maximum  term,  five  years;  prison,  State  Re- 
formatory; transferred  to  Auburn. 

November  12,  1897.  Albert  W.  Nelson.  Sentenced  March 
3,  189^;  county,  Westchester;  crime,  burglary,  third  degree; 
maximum  term,  five  years;  prison,  State  Reformatory. 

November  12,  1897.  Mark  Fagan.  Sentenced  November 
26,  1894;  county.  New  York;  crime,  manslaughter,  first  de- 
gree; term,  eight  years  and  seven  months;  prison,  Sing  Sing. 


PARDONS  201 

November  22,  1897.  Louis  M.  Cahill.  Sentenced  June  27, 
1895;  county,  New  York;  crime,  grand  larceny,  first  degree; 
term,  four  years;  prison,  New  York  Penitentiary. 

November  26,  1897.  Albert  Schmalzbach.  Sentenced 
October  28,  1896;  county,  New  York;  crime,  attempt  to  com- 
mit forgery,  second  degree ;  maximum  term,  five  years ;  prison. 
State  Reformatory. 

November  29,  1897.  Charles  A.  Fender.  Sentenced  Sep- 
tember 23,  1895;  county,  Suffolk;  crime,  burglary,  third  de- 
gree; maximum  term,  five  years;  prison,  State  Reformatory. 

November  29,  1897.  Daniel  T.  Donovan.  Sentenced  May 
19,  1884;  county,  New  York;  crime,  murder,  second  degree; 
term,  life;  prison,  Sing  Sing. 

November  29,  1897.  Lewis  Lapan.  Sentenced  November 
24,  1893;  county,  Clinton;  crime,  manslaughter,  first  degree; 
term,  ten  years;  prison,  Clinton. 

December  i,  1897.  Thomas  J.  McCabe.  Sentenced  Feb- 
ruary 20,  1888;  county,  New  York;  crime,  robbery,  first  de- 
gree; term,  twenty  years;  prison,  Sing  Sing. 

December  i,  1897.  Giuseppe  Rosano.  Sentenced  Septem- 
ber 18,  1895;  county,  New  York;  crime,  grand  larceny,  second 
degree;  maximum  term,  five  years;  prison,  State  Reformatory. 

December  8,  1897.  Robert  H.  Waldron.  Sentenced  July 
24,  1896;  county,  New  York;  crime,  forgery,  second  degree; 
term,  two  years  and  six  months;  prison,  Sing  Sing. 


2O2  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

December  8,  1897.  John  Horning.  Sentenced  December 
13,  1893;  county,  New  York;  crime,  grand  larceny,  second 
degree;  maximum  term,  five  years;  prison,  State  Reformatory; 
transferred  to  Auburn. 

December  8,  1897.  Joe  Perotta.  Sentenced  May  24,  1889; 
county,  Orange;  crime,  manslaughter,  first  degree;  term, 
twenty  years;  prison,  Sing  Sing. 

December  9,  1897.  Albert  H.  Smith.  Sentenced  Decem- 
ber 3,  1890;  county,  New  York;  crime,  forgery,  first  degree; 
term,  seventeen  years;  prison,  Sing  Sing. 

December  16,  1897.  Martin  Keliher,  alias  Bertram  M. 
Devowne.  Sentenced  December  10,  1897;  county,  Herkimer; 
crime,  burglary,  third  degree;  term,  three  years;  prison, 
Auburn. 

December  29,  1897.  John  B.  Kramer.  Sentenced  May  i, 
1897;  county,  Monroe;  crime,  grand  larceny,  second  degree; 
.maximum  term,  five  years;  prison,  State  Reformatory. 

December  30,  1897.  George  E.  Duvall.  Sentenced  June 
5,  1893;  county,  Suffolk;  crime,  forgery,  first  degree;  maxi- 
mum term,  twenty  years;  prison,  State  Reformatory. 

December  30,  1897.  Herman  Branze.  Sentenced  June  29, 
1892;  county,  New  York;  crime,  grand  larceny,  first  degree; 
term,  twelve  years  and  six  months;  prison,  Sing  Sing. 

December  31,  1897.  Theodore  S.  Whitmore.  Sentenced 
September  23,  1896;  county,  Rensselaer;  crime,  robbery,  first 
degree;  term,  two  years  and  seven  months;  prison,  Clinton. 


COMMUTATIONS 


March  10,  1897.  William  Youngs.  Sentenced  February 
17,  1896,  to  be  executed;  county,  Montgomery;  crime,  mur- 
der, first  degree. 

Commuted  to  imprisonment  for  life. 

June  16,  1897.  John  F.  Hutchins.  Sentenced  October  26, 
1893;  county,  Monroe;  crime,  rape;  term,  twelve  years;  prison. 
Auburn. 

Commuted  to  five  years  and  one  month,  subject  to  legal 
deduction  for  good  conduct. 

June  24,  1897.  James  G.  Reid.  Sentenced  July  16,  1896 ; 
county,  New  York;  crime,  perjury;  term,  two  years  and  two> 

months;  prison,  Sing  Sing. 

Commuted  to  one  year  and  six  months,  subject  to  legal 
deduction  for  good  conduct. 

June  28,  1897.  Frank  Lytle.  Sentenced  November  IT, 
1895;  county,  Monroe;  crime,  burglary,  third  degree;  term, 
four  years  and  nine  months;  prison,  Auburn. 

Commuted  to  eleven  months  and  twenty  days,  from  July  9, 
1896. 


204  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

September  27,  1897.  Henry  Cassin.  Sentenced  October 
2g,  1890;  county,  New  York;  crime,  grand  larceny,  first  de- 
gree; term,  nine  years;  prison,  Sing  Sing. 

Commuted  to  eight  years  from  December  2,  1892,  subject 

to  legal  deduction  for  good  conduct. 

September  27,  1897.  Nathan  Goldberg.  Sentenced  June 
19,  1895;  county,  Westchester;  crime,  arson;  term,  five  years 
and  six  months;  prison,  Sing  Sing. 

Commuted  to  four  years  and  six  months,  subject  to  legal 
•deduction  for  good  conduct. 

December  8,  1897.  Thomas  Gallagher.  Sentenced  Decem- 
ber 10,  1883;  county,  Washington;  crime,  murder,  second 
degree;  term,  life;  prison,  Clinton. 

Commuted  to  fourteen  years,  actual  time. 

December  30,  1897.  John  McDermott.  Sentenced  Feb- 
ruary 5,  1892;  county,  Orange;  crime,  robbery,  first  degree; 
term,  fifteen  years;  prison,  Sing  Sing. 

Commuted  to  ten  years,  subject  to  legal  deduction  for  good 
conduct. 

December  31,  1897.  Edward  Hughson.  Sentenced  Octo- 
ber 27,  1896,  to  be  executed;  county,  Albany;  crime,  murder, 
first  degree. 

Commuted  to  imprisonment  for  life. 


RESPITE 


November  10,  1897.  Charles  Burgess.  Sentenced  April  4, 
1896,  to  be  executed;  county,  Cayuga;  crime,  murder,  first 
degree. 

Respite  until  December  7,  1897. 


STATE  OF  NEW  YORK. 


PUBLIC  PAPERS 


OF 


FRANK  S.  BLACK 

GOVERNOR 

1897-1898 


Two  VOLUMES  IN  ONE 


VOL.  II 


ALBANY 
PRESS  OF  BRANDOW  PRINTING  CO. 

1898 


PUBLIC     PAPERS 


OP 


GOVERNOR   BLACK 

For 


DESIGNATION  OF  PRESIDING  JUDGE  OF  THE 
COURT  OF  CLAIMS 

STATE  OF  NEW  YORK 

Executive  Chamber 

PURSUANT  to  the  provisions  of  section  263  of  the  Code 
of  Civil  Procedure  and  the  power  in  me  vested,  I  do 
hereby  designate  the 

Honorable  CHARLES  T.  SAXTON 

of  Clyde,  who  is  a  Judge  of  the  Court  of  Claims,  as  Pre- 
siding Judge  of  said  Court  of  Claims  for  the  term  end- 
ing December  thirty-first  1903. 

Given  under  my  hand  and  the  Privy  Seal  of  the 
State  at   the  Capitol  in   the   city   of  Albany 
[L  s]        this  first  day  of  January    in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  ninety- 
eight. 

FRANK  S.  BLACK 
By  the  Governor: 

WILLIAM  M.  GRIFFITH 

Private  Secretary 


ANNUAL  MESSAGE 

STATE  OF  NEW  YORK 

Executive  Chamber 

Albany,  January  5,   1898 
To  THE  LEGISLATURE: 

The  course  of  the  Legislature  now  convened  will  affect 
in  many  important  respects,  for  a  long  time  to  come,  the 
policy  of  the  State.  I  submit  the  suggestions  in  this 
message,  not  only  as  formal  recommendations,  but  as  the 
expression  of  an  active  purpose  to  aid  in  carrying  them 
out. 

FINANCE 

The  valuation  of  the  State  is  $4,506,985,694.  The 
State  tax  for  the  present  year  is  two  dollars  and  sixty- 
seven  cents  on  a  thousand  dollars.  This  rate  produces 
the  sum  of  $12,033,681.80.  Of  this  amount  more  than 
nine  million  dollars  are  paid  to  run  the  public  schools 
and  for  the  care  of  the  insane.  The  last  subject  was 
placed  under  State  control  in  the  year  1895,  so  that  the 
tax  rate  prior  to  that  year  was  smaller  than  it  can  pos- 
sibly be  now  or  hereafter,  and  is  worthless  as  a  comparison 
with  the  rate  of  later  administrations,  which  have  dealt 
with  these  large  expenditures.  Last  year's  tax  rate  can 
be  reduced  this  year,  because  the  amounts  to  complete 
the  Capitol  and  buy  Adirondack  land  will  be  less.  The 


ANNUAL  MESSAGE  211 

receipts  from  licenses  to  sell  liquor,  tax  on  inheritance, 
etc.,  were  $8,245,172.87,  an  excess  over  last  year  of 
$314,944.21  The  expenditures  for  asylums,  hospitals,  re- 
formatories, etc.,  were  $7,362,559.85.  The  total  funded 
debt  of  the  State  on  September  3Oth  was  $5,765,660. 
During  the  year  just  passed,  the  revenue  from  the  liquor 
tax  law  has  increased  more  than  $438,000. 

BANKING 

There  are  two  hundred  and  twelve  banks  of  discount 
organized  under  the  State  law.  Last  year  there  were  two 
hundred  and  thirteen.  The  resources  of  these  institu- 
tions have  gained  in  twelve  months  over  fifty-five  million 
dollars;  more  than  twenty  per  cent.  Their  discounts  and 
deposits  have  both  increased,  the  latter  nearly  forty-three 
million  dollars.  The  magnitude  of  the  banking  depart- 
ment appears  in  the  total  resources  of  the  institutions 
under  its  charge,  viz.,  $1,695,254,960,  an  increase  of  more 
that  one  hundred  and  thirty-seven  million  dollars  since 
the  report  a  year  ago. 

The  condition  of  any  business  community  is  likely  to 
show  at  the  bank.  For  that  reason  the  figures  named 
express  both  improvement  for  last  year  and  encourage- 
ment for  next. 

INSURANCE 

The  insurance  companies,  including  fire,  marine,  life 
and  casualty,  doing  business  in  New  York,  are  two  hun- 
dred and  twenty-eight  in  number,  and  represent  a  capital 


212  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

of  $77,820,975,  with  a  surplus  of  $265,390,505.  Their 
condition  appears  to  be  most  satisfactory.  The  insur- 
ance business  is  rapidly  increasing.  The  labors  of  the 
insurance  department  during  the  year  1897  largely  ex- 
ceeded those  of  any  year  preceding.  The  importance  of 
a  careful  supervision  of  an  enterprise  so  enormous  and  far 
reaching  is  apparent.  Nearly  every  house-holder  in  the 
State  is  an  investor  in  one  or  more  of  these  companies, 
and  all  the  laws  relating  to  the  subject  should  be  care- 
fully framed  and  considered,  to  the  end  that  the  com- 
panies and  the  people,  mutually  dependent,  shall  be  guar- 
anteed their  respective  rights. 

RAILROADS 

The  Law  passed  by  the  last  Legislature  relating  to 
grade  crossings,  will  ultimately  remove  this  prolific  source 
of  railroad  fatalities.  The  operation  of  the  Law  will  re- 
quire a  considerable  annual  outlay  by  the  State,  but  it 
should  be  made.  The  railroad  mileage  for  last  year  has 
slightly  increased.  The  number  of  miles  is  now  over  nine 
thousand,  and  the  reports  of  the  Railroad  Commission 
show  that  the  business  during  the  past  few  months  is 
largely  in  excess  of  that  for  the  same  months  last  year. 

CANALS 

The  work  of  deepening  the  canals,  for  which  an  ap- 
propriation of  nine  million  dollars  was  made,  cannot  be 
completed  for  that  sum.  The  amount  has  been  disposed 
of  by  payment  or  contract,  and  less  than  two-thirds  of 


ANNUAL  MESSAGE  213 

the  intended  improvement  has  been  provided  for.  Com- 
pleting the  work  is  the  last  half  of  the  same  project  that 
begun  it.  It  is  a  subject  of  the  utmost  importance.  The 
canals  have  been  a  potent  factor  in  the  development  of 
the  State.  The  Erie  canal  was  completed  in  1825,  and 
over  it  for  more  than  seventy  years  the  enormous  traffic 
of  the  west  has  found  its  way  to  the  Atlantic  seaboard. 
The  cost  of  building  all  the  canals,  of  maintaining  them 
since,  and  enlarging  them  now,  is  upwards  of  $97,628,- 
867.45,  and  yet  the  commerce  passing  over  them  paid 
that  enormous  amount  in  tolls  in  less  than  sixty  years. 
The  canal  problem  is  too  serious  to  be  decided  by  the 
Legislature.  The  nine  million  dollar  appropriation  was 
voted  by  the  people.  If  a  further  sum  is  to  be  expended 
for  the  continuance  of  the  work,  it  also  should  first  receive 
the  people's  sanction. 

EXCISE 

The  amount  received  during  the  past  year  from  the 
operation  of  the  Excise  Law  was  $12,275,247.60.  One- 
third  of  this  amount,  over  $4,000,000,  has  been  paid  the 
State,  and  the  other  two-thirds,  over  $8,000.000,  has  been 
divided  among  different  localities.  On  the  ist  clay  of 
October  there  were  28,054  licenses  outstanding.  The 
number  in  force  before  the  present  law  went  into  effect 
was  33,437  and  the  amount  of  money  received  therefrom 
was  $3,172,376.58,  hardly  more  than  one-quarter  of  the 
present  income  from  the  same  source.  The  receipts  have 


214  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

nearly  quadrupled  and  the  number  of  licenses  has  de- 
creased almost  one-sixth.  The  records  of  the  police 
courts  in  forty-one  cities  and  four  hundred  and  thirty  in- 
corporated villages,  show  that  notwithstanding  an  increase 
in  population,  the  cases  of  drunkenness  have  fallen  off 
to  a  marked  degree.  The  uniform  law  and  rate  of  taxa- 
tion throughout  the  State  have  done  much  to  equalize 
the  privileges  of  this  traffic  and  to  remove  many  of  its  ob- 
jectionable features.  If  amendments  are  proposed  which 
will  improve  the  present  act,  I  shall  favor  their  adoption. 

AGRICULTURE 

The  appropriations  for  this  department  have  been  wisely 
made.  The  item  which  has  proved  the  most  satisfactory 
was  that  to  encourage  the  cultivation  of  the  sugar  beet. 
This  industry  is  now  largely  experimental,  but  the  results 
attained  this  year  were  such  as  to  justify  the  liberal  co- 
operation of  the  State.  Inducements  to  farming  in  New 
York  are  not  as  great  as  they  formerly  were.  The  de- 
velopment of  the  west  has  gradually  trenched  upon  the 
lucrative  employments  of  the  eastern  farmers,  until  their 
incomes  are  small  and  uncertain,  and  their  burdens  al- 
most oppressive.  The  farmer  can  never  escape  his  taxes; 
whatever  means  of  escape  may  be  open  to  others  are 
closed  to  him.  And  in  the  distribution  of  the  load,  this 
fact  should  be  borne  in  mind,  and  the  Legislature  should 
T-O  treat  him  as  not  only  to  encourage  his  industry,  but 


ANNUAL  MESSAGE  215 

to  show  also  that  the  State  is  mindful  that  he,  least  of 
all  among  its  citizens,  finds  exemption  from  the  burden 

of  taxation. 

COMMERCE 

I  have  been  so  impressed  by  this  subject,  in  its  relation 
to  the  State,  that  I  communicate  with  you,  not  only  for 
your  co-operation,  but  in  the  hope  of  arousing  the  atten- 
tion of  those  most  closely  in  touch  with  the  question  and, 
therefore,  best  qualified  to  handle  it.  No  man  can  con- 
template the  past  history  of  New  York  without  feelings 
of  pride.  Surrounded  at  the  beginning  like  her  sister  com- 
monwealths, with  conditions  which  seemed  almost  with- 
out hope,  she  has  in  a  few  years  attained  the  dimensions 
of  an  empire.  This  transformation  has  been  wrought 
through  the  unexampled  gifts  of  Nature,  and  the  in- 
dustry and  skill  of  citizens  protected  by  a  wise  and  just 
government.  If  these  reflections  inspire  pride  only,  with- 
out determination,  their  main  value  is  lost.  An  inspira- 
tion that  produces  no  result,  is  no  better  than  an  agree- 
able recollection.  There  must  be  some  practical  test  of 
the  effect  of  former  achievements  upon  our  present  en- 
ergy. This  test  will  be  found  in  the  manner  in  which  the 
people  of  this  State  deal  with  the  subject  of  their  com- 
merce in  its  present  situation.  That  situation  is  not  as 
it  ought  to  be.  It  is  easily  the  best  in  the  country,  but  it 
is  not  so  much  the  best  as  it  has  been  and  can  be  made. 
The  commerce  of  New  York  is  not  increasing  as  rapidly 
as  that  of  other  ports.  Perhaps  this  is  inevitable,  for 


216  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

the  first  of  yesterday  may  be  the  second  to-day,  and  out 
of  the  race  to-morrow.      But  it  is  not  likely  that  New 
York  is  suffering  from  conditions  which  she  cannot  over- 
come.    The  conditions  which  hold  her  back  seem  to  be 
neither  natural  nor  general.     It  is  said  that  the  commerce 
tributary  to  New  York  city  has  been  checked  and  dis- 
couraged by  a  too  narrow  policy  prevailing  there  with 
reference  to  terminal  facilities.      If  this  is  true,  that  pol- 
icy should  be  corrected,  no  matter  whether  it  is  pursued 
by  the  city  or  by  individuals.        The   facilities   of   New 
York  belong  not  to  the  city  or  even  to  the  State,  but  to 
the  country.       If  by  location   she  is   the  best   point   of 
shipment  to  foreign  markets  for  western  farmers,   then 
her  advantages  should  be  open  no  more  to  a  Broadway 
merchant  than  to  a  Kansas  farmer.      And  the  rights  of 
the  latter  should  not  be  abridged  by  restrictions  or  charges 
which  would  drive  him   to   Galveston   or   New  Orleans. 
Every  citizen  in  this  country  has  a  right  to  get  to  the 
sea  with  his  product,  no  matter  whether  he  lives  on  the 
coast  or  not,  and  he  should  not  be  subjected  when  there, 
to  unreasonable  demands  from  those  who  have  accom- 
modations which  he  is  obliged  to  employ.      Some  com- 
munities are  so  placed  that  their  course  not  only  inter- 
ests, but  largely  affects  others.     To  the  extent  in  which 
this  is  true,  just  to  that  extent  has  the  public  the  right 
to  advise  and  direct  those  so  situated.     New  York  city  is 
in   this  class.        Her  affairs  are  not   local,   but   national, 
and  this  view  receives  constant  recognition  at  the  hands 


ANNUAL  MESSAGE  217 

of  the  general  government.  Millions  of  money  from  the 
general  treasury  have  been  expended  in  New  York  with 
national  sanction,  and  millions  more  should  be  expended 
now  in  the  single  project  of  deepening  the  approaches  to 
her  harbor.  But  this  national  aspect  cannot  be  urged 
when  her  benefits  are  considered  and  denied  when  others 
claim  theirs.  This  State  should  open  such  facilities  in  New 
York  harbor  as  will  draw  and  accommodate  every  pound 
of  commerce  which  would  naturally  come  there.  The 
desire  on  the  part  of  individuals  or  of  the  city,  for  rapid 
accumulations  should  not  prevent  this  result.  .The  broad- 
est and  most  liberal  policy  is  the  wisest.  An  outlay  for 
such  a  purpose  would  be  repaid  ten-fold  in  pecuniary  re- 
turns and  in  the  growth  and  prestige  of  the  State.  Neg- 
lect or  carelessness  in  dealing  with  this  subject  would 
put  New  York  at  a  disadvantage  with  other  ports  in  the 
United  States,  and  might  put  the  whole  country  at  a  dis- 
advantage with  Canada.  The  Canadians  are  just  now 
discussing  this  subject,  and  are  relying  upon  advantages 
afforded  by  the  St.  Lawrence  river,  to  attract  over  that 
stream,  the  products  of  Wisconsin,  Minnesota,  Dakota 
and  other  western  States,  intended  for  foreign  markets. 
This  competition  should  be  feared  and  met. 

In  order  that  this  subject  may  be  treated  with  that 
consideration  and  care  which  its  magnitude  demands,  I 
recommend  that  a  commission  be  created  to  examine  into 
the  commerce  of  New  York,  the  cause  of  its  decline,  the 
means  of  its  revival,  and  to  report  conclusions. 


218  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

THE  CAPITOL 

The  plans  of  the  Capitol  at  Albany  have  been  changed 
so  often  they  would  hardly  be  recognized  by  the  man 
who  made  them,  nearly  forty  years  ago.  The  last  change 
was  macle  and  the  present  plans  adopted  by  the  Capitol 
Commission,  February  n,  1896.  There  will  be  no  further 
alteration.  The  structure  will  be  completed,  the  sheds 
torn  down  and  the  walks  laid  out,  before  the  first  day 
of  next  October.  There  has  not  been  a  time  in  the  last 
fifteen  years  that  reasonable  effort  would  not  have  accom- 
plished these  things  in  twenty-four  months. 

THE  NATIONAL  GUARD 

The  National  Guard  still  maintains  the  character  which 
has  long  entitled  it  to  general  commendation.  It  would 
be  better  if  it  was  removed  farther  from  political  control. 
If  some  practical  method  of  doing  this  can  be  devised,, 
which  meets  the  approval  of  military  men,  I  shall  recom- 
mend it.  The  Guard  and  Naval  Militia  consist  of  about 
fourteen  thousand  of  the  finest  young  men  of  the  State. 
They  serve  without  pay,  and  their  reasonable  demands 
should  be  complied  with. 

SCHOOLS 

The  schools  of  this  State  are  unsurpassed  by  those  of 
any  other.  We  should  not  be  satisfied  with  a  system 
because  it  is  the  best  in  use,  unless  it  is  the  best  that  can 
be  devised.  There  is  little  hope  that  public  money  will 


ANNUAL  MESSAGE  219 

ever  be  prudently  expended,  but  if  that  improbable  result 
should  ever  be  attained  I  should  still  be  in  favor,  as  I  am 
now,  of  the  greatest  liberality  in  school  appropriations. 
The  character  of  the  citizen  is  largely  formed  in  his  child- 
hood, and  if  more  were  confined  in  schoolhouses  in  their 
youth,  there  would  be  fewer  confined  in  other  institu- 
tions in  later  life.  The  right  of  the  State  to  compel  the 
education  of  its  children  is  as  clear  as  its  duty  to  protect 
or  punish  its  citizens.  We  are  spending  millions  of  dol- 
lars every  year  for  paupers,  criminals  and  the  insane. 
Whatever  will  reduce  the  number  of  these  unfortunate 
classes  should  be  done,  and  the  means  more  effective  than 
all  others,  is  the  instruction  of  children.  The  number 
of  pupils  in  the  public  schools  this  year  is  1,203,199,  an 
increase  of  27,125  over  last  year.  To  maintain  these 
schools  the  State  appropriated  $4,981,858  last  year,  and 
will  be  called  upon  for  as  much  more  this.  Attend- 
ance at  school,  if  not  voluntary,  should  be  compelled, 
for  this  enormous  expenditure  should  be  not  only  a  recog- 
nition of  the  duty  of  the  State  to  educate  its  citizens,  but 
a  declaration  of  its  right  to  control  them. 

UNIVERSITY  OF  THE  STATE 

New  York  has  in  her  university  an  organization  nearly 
as  old  as  the  State  itself.  Its  work  has  established  its 
reputation  at  home  and  abroad.  Those  who  plan  for 
the  future  of  the  State  know  that  its  greatness  will  de- 
pend no  less  upon  its  educational  interests  than  upon 


22O  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

its  material  prosperity.  All  admit  the  value  of  element- 
ary education,  but  many  fail  to  understand  that  higher 
education  pays  equally  as  well.  The  common  school 
draws  mainly  from  the  State,  but  for  higher  institutions 
the  field  is  boundless.  Those  who  spend  years  in  arduous 
training  seek  not  the  cheapest  or  the  nearest,  but  the  best, 
and  if  New  York's  schools  are  at  the  head  they  will  be 
sought  by  students  from  other  States.  The  recent  ad- 
ministration of  the  University  knows,  the  method  of  reach- 
ing desired  results.  Under  it,  new  currents  are  setting 
toward  New  York.  Its  field  is  broadening  every  year. 
The  best  educators  believe  that  system  is  nearest  perfect, 
whose  instruction  does  not  end  with  the  period  of  youth, 
but  continues  through  the  student's  life.  The  library 
is  a  chief  agency  in  this  continuance.  New  York,  the 
pioneer  in  many  fields,  was  the  first  in  this  or  any  country 
to  recognize  by  statute  the  efficiency  of  the  public  library 
as  a  part  of  its  educational  plan.  We  have  over  five  hun- 
dred traveling  libraries  of  the  best  books  published.  They 
are  loaned  for  six  months  to  any  community  requesting 
them.  Other  States  have  adopted  this  part  of  our  sys- 
tem. Knowledge  gained  from  good  books  means  in- 
creased power  and  better  citizenship.  The  University  has 
seen  and  developed  this  idea.  Its  progress  has  been  rapid, 
its  influence  beneficent  and  lasting.  Local  free  public 
libraries  are  springing  up  under  its  lead.  In  the  last  four 
years  the  number  of  libraries  has  increased  from  201  to 


ANNUAL  MESSAGE  221 

340,  and  the  books  from  404,616  to  1,038,618.  There  is 
careful  discrimination  in  favor  of  the  best  books;  for 
reading  produces  evil  as  well  as  good  results.  It  is  a 
ladder  which  may  be  used  to  climb  to  the  summit  or 
descend  to  the  pit.  Thousands  of  doubtful  books  are 
yearly  disapproved  and  local  authorities  are  glad  to  ac- 
cept the  University's  intelligent  supervision.  No  State 
has  before  dealt  with  this  question  on  so  broad  a  plane. 
Our  State  Library  is  by  far  the  largest  and  most  effi- 
cient maintained  by  any  State.  It  is  the  center  of  a 
great  work,  the  strongest  ally  of  the  public  schools,  and 
its  influence  develops  constantly.  New  York  has  been  the 
teacher  in  these  vital,  new  ideas  and  has  received,  the 
world  over,  most  generous  recognition.  Its  place  in  this 
important  field  is  that  of  acknowledged  leadership. 

CHARITIES 

There  are  more  than  1,000  charitable  institutions  and 
private  charitable  organizations  in  this  State.  About 
70,000  people  are  cared  for  at  an  expense  of  over  $20,- 
000,000.  There  are  twenty-two  institutions  wholly  or 
partly  maintained  at  the  public  expense.  It  is  proper  and 
humane  to  care  for  the  incompetent  poor,  but  there  has 
been  sometimes  a  degree  of  extravagance  in  this  direc- 
tion which  should  never  be  tolerated  again.  Some  in- 
stitutions have  been  constructed  at  a  cost  of  over  $1,000 
for  each  inmate.  Such  an  expenditure  should  not  dis- 
courage the  humane  purpose  of  the  State,  but  it  should 


222  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

be  the  last  example  of  the  reckless  indifference  sometimes 
shown  by  public  officials  to  the  rights  of  the  State  and 
their  own  obligations. 

THE  INSANE 

All  of  the  dependent  insane  are  now  cared  for  in  State 
hospitals  They  receive  skillful  medical  treatment  and 
proper  nursing.  Nearly  1,000  returned  to  their  homes 
last  year,  cured,  and  more  than  800  were  sufficiently  im- 
proved to  warrant  their  discharge.  The  chief  object  of 
these  institutions  should  be,  both  from  the  standpoint  of 
benevolence  and  economy,  to  effect  the  largest  pos- 
sible number  of  cures.  The  annual  cost  of  maintenance, 
$186  for  each  patient,  seems  high,  and  perhaps  might  be 
reduced,  but  if  this  cost  were  reduced  the  facilities  sup- 
plied must  also  be  curtailed.  This  would  probably  cause 
a  decrease  in  the  percentage  of  cures.  There  would  be 
nothing  made  by  a  smaller  expense  for  each  patient,  if  the 
number  of  patients  was  increased  enough  to  offset  the 
saving.  If  the  cost  of  maintenance  can  be  reduced  with- 
out materially  affecting  the  number  of  recoveries,  it  should 
be  done,  for  the  amount,  almost  $5,000,000  paid  yearly 
for  insane  paupers,  is  a  large  figure  to  be  added  to  the 
taxes. 

The  condition  of  some  of  the  asylums  around  the  city 
of  New  York  should  be  corrected.  They  are  not  suit- 
able for  the  habitation  of  large  numbers.  Imperfect  ven- 
tilation and  drainage  render  them  unhealthy,  while  their 


ANNUAL  MESSAGE  223 

frail  construction  is  insufficient  either  to  keep  out  the 
cold  or  withstand  for  a  minute  the  ravages  of  fire.  There 
are  two  extremes  in  this  State  in  the  care  of  the  insane. 
One  is  so  extravagant  and  the  other  so  poor  that  both 
deserve  censure.  The  State  is  paying  every  dollar  it 
ought  for  its  pauper  insane.  Money  enough  has  been 
expended  to  provide  comfortable  quarters  for  every  in- 
mate, but  waste  in  some  places  and  neglect  in  others, 
have  produced  the  extremes  I  describe.  The  first  can- 
not be  corrected,  for  the  outlay  is  made,  but  the  last  can 
and  ought  to  be  without  delay.  All  the  money  to  be 
paid  out  for  new  buildings  should  be  devoted  for  some 
time  to  come  to  the  institutions  around  New  York  city, 
and  the  amount  thus  expended  should  be  increased  to  the 
utmost  limit  by  keeping  the  expenses  of  other  institu- 
tions, now  well  provided  for,  down  to  the  smallest  figure. 
Whatever  structures  are  built,  should  be  comfortable  and 
substantial,  nothing  more,  and  the  practice  of  erecting 
palaces  at  the  public  expense  for  the  accommodation  of 
paupers  has,  I  hope,  seen  its  last  example. 

A  pauper  is  not,  because  of  his  insanity,  entitled  to 
extravagant  fare  or  gorgeous  surroundings.  The  large 
majority  of  farmers  and  mechanics  live  in  the  humblest  way 
and  contribute  by  tax  to  the  support  of  State  institutions. 
Justice  to  them  will  not  permit,  and  humanity  to  the  in- 
sane does  not  require,  that  lavish  and  ill-considered  outlay 
which  characterizes  the  quarters  holding  some  of  the 
State's  insane. 


224  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

I  do  not  consider  the  present  commission  in  any  way 
responsible  for  this  condition.  I  have  visited  some  of 
the  insane  establishments  and  their  management  is  worthy 
of  commendation,  but  I  would  enjoin  upon  such  man- 
agement the  constant  recollection  that  the  expenses  of 
these  inmates  are  paid  by  many  thousands  on  the  outside 
whose  surroundings  are  far  less  comfortable. 

PRISONS 

The  difficult  task  of  providing  work  for  prisoners  with- 
out competing  with  honest  labor,  appears  to  have  been 
successfully  discharged.  The  operation  of  the  present 
law  is  reported  to  be  satisfactory.  Nearly  two-thirds  of 
the  convicts  in  the  State's  prisons  are  now  employed,  and 
within  three  months  the  commission  expects  that  means 
will  be  provided  to  employ  all  those  who  are  able  to  work. 
It  seems  likely  that  the  present  law  will  solve  the  ques- 
tion of  convict  labor,  and  at  the  same  time  render  the 
prisons  self-supporting. 

One  defect  connected  with  prison  management  has 
been  often  discussed,  but  never  corrected.  It  is  the  law 
relating  to  the  Elmira  Reformatory.  The  authority  of 
the  managers  there  over  inmates  is  too  arbitrary  and  ex- 
tensive. The  courts  often  find  that  sentences  intended 
to  be  slight,  are  prolonged  for  years.  A  boy  can  be  re- 
tained in  that  institution  at  the  managers'  discretion,  for 
the  maximum  term  for  which  he  might  have  been  sent 
to  State's  prison  by  the  court.  The  judge  imposing  the 


ANNUAL  MESSAGE  225 

sentence  may  never  have  contemplated  any  such  duration. 
It  not  infrequently  happens  that  boys  committing  their 
first  offense  jointly  with  and  tempted  by  an  old  offender, 
are  sent  to  Elmira  and  kept  there  for  years  after  their  as- 
sociate in  the  same  offense,  a  hardened  criminal,  has  been 
discharged  from  prison.  The  managers  have  power  also 
to  transfer  inmates  to  the  State's  prison  for  their  unex- 
pired  terms;  to  bring  them  back  again  to  the  reformatory; 
to  release  them  on  parole  and  retake  them  at  discretion. 
This  system  may  result  in  gross  abuse.  A  prisoner's  term 
should  not  depend  upon  the  will  of  his  keeper.  The 
court  should  fix  it.  The  court  will  be  impartial,  the 
keeper  may  not  be.  The  court  will  punish  only  for  the 
crime  already  done,  the  keeper  may  punish  for  slighter 
causes  arising  afterwards. 

It  is  just  to  reduce  the  term  for  the  good  behavior  of 
the  convict,  but  the  limit  beyond  which  his  confinement 
should  not  go,  should  be  determined  by  the  judge  who 

tried  him. 

LABOR 

The  upheavals  so  often  occurring  through  the  dis- 
agreements of  labor  and  its  employers,  point  to  a  far 
greater  degree  of  danger  and  discontent  than  those  up- 
heavals expose.  The  present  method  of  dealing  with 
this  -subject  seems  to  me  inadequate.  The  labor  bureaus 
in  this  State  are  as  efficient  as  their  authority  permits  them 
to  be,  but  an  agency  that  only  corrects,  but  does  not 
prevent  cannot  meet  the  needs  of  the  present  day,  and 


226  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

will  be  farther  every  year  from  meeting  the  needs  of  the 
future.  If  present  conditions  continue,  disputes  will  fre- 
quently arise,  and  I  believe  it  would  be  wise  to  encourage 
the  method  of  University  Settlement.  No  man  can  be 
a  fair  judge  who  does  not  understand  both  sides,  and  while 
he  may  acquire  this  understanding  after  the  trouble  lias 
arisen,  his  capacity  to  effect  a  settlement  is  greatly  re- 
duced because  of  the  inflammation  which  invariably  goes 
with  a  declared  grievance.  It  is  not  only  harder  to  settle 
a  dispute  when  opponents  have  come  face  to  face,  but  in 
the  case  of  labor  troubles,  large  sums  of  money  are  lost, 
while  the  dispute  goes  on.  The  plan  of  University  Set- 
tlement is  not  so  much  to  compose  differences,  as  to  pre- 
vent their  occurrence.  Its  wisdom  is  obvious. 

But  the  seed  of  labor  troubles  lies  in  the  practically 
unrestricted  immigration,  by  which  this  country  allows 
itself  to  be  overrun.  There  is  no  safety  in  protection 
against  foreign  goods  if  we  allow  free  trade  in  foreign 
labcr.  A  tariff  on  goods  made  abroad  covers  only  half 
the  difficulty  if  the  men  who  made  them  there  are  per- 
mitted to  come  here  and  make  the  same  goods  in  New 
York.  An  article  made  for  half  a  dollar  there,  will  be 
made  for  the  same  price  here.  Those  who  have  watched 
the  recent  troubles  in  this  country  will  recall  that  many 
of  them  were  with  cheap  and  uneducated  labor,  employed 
because  it  was  cheap  and  uneducated,  and  for  wages  with 
which  no  self-respecting  American  could  keep  his  soul 


ANNUAL  MESSAGE  227 

and  body  together.  As  long  as  such  labor  comes  here, 
just  so  long  wages  will  go  down,  work  will  be  scarce, 
and  those  who  must  have  decent  wages  because  they 
must  live  in  a  decent  way,  will  find  employment  hard  to 
get. 

If  the  laboring  people  of  this  State  will  understand  the 
real  cause  of  their  trouble,  and  remove  that,  they  will  have 
less  need  of  legislation.  They  should  make  their  views 
known  to  Congress  through  their  own  petitions,  and  the 
Legislature  should  aid  them  by  its  expression.  If, 
through  their  efforts,  one  of  the  greatest  abuses  now 
existing  in  the  United  States  could  be  checked,  they 
would  perform  a  lasting  service. 

In  connection  with  this  labor  problem,  I  make  these 
three  suggestions:  First,  that  immigration  be  checked; 
second,  that  a  fair  rate  of  wages  be  paid  laborers;  the 
public  at  least  should  deal  justly;  third,  that  in  opposing 
strikes  by  armed  men,  some  method  should  be  adopted 
which  would  not  at  the  first  discharge  of  firearms,  pro- 
duce those  fatal,  tragic  results  which  have  caused  a  recent 
event  to  be  universally  deplored. 

THE  FORESTS 

The  project  urged  in  my  first  message,  of  acquiring 
Adirondack  lands,  has  been  fully  entered  upon.  I  am 
strongly  in  favor  of  its  continuance.  "With  the  appro- 
priation of  a  million  dollars  made  by  the  last  Legislature, 
the  Forest  Preserve  Board  has  acquired  over  two  hun-- 


228  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

dred  and  fifty  thousand  acres,  at  an  average  cost  of  $3.74 
per  acre,  increasing  the  ownership  of  the  State  from 
869,341  acres  to  nearly  a  million  one  hundred  and  twenty 
thousand.  Many  tracts  of  ground  most  desirable  from 
every  point  of  view  have  been  added  to  the  State's  pos- 
sessions. 

I  am  more  than  ever  impressed  with  the  importance  of 
this  subject,  and  of  the  necessity  of  the  State's  acquiring 
and  preserving  the  great  forests.  I  referred  last  year  to 
their  value  as  a  health  resort  and  as  a  means  of  renew- 
ing the  decreasing  supply  of  water.  There  are  other  con- 
siderations not  less  important  than  those  then  urged. 
They  are  found  in  the  rapidly  diminishing  supply  of  tim- 
ber, and  in  the  great  demands  made  upon  the  spruce  for- 
ests by  the  pulp  mills  of  the  Adirondack  region.  The  pres- 
ent Constitution  of  the  State  prohibits  cutting  timber 
on  State  lands.  This  prohibition  will  sometime  be 
changed,  for  its  continuance,  except  under  conditions 
which  ought  not  long  to  exist,  would  be  unwise.  It  is 
no  better  for  the  State  than  for  an  individual  to  allow 
trees  to  fall  and  decay,  when  by  cutting  them  substantial 
revenue  might  be  obtained.  The  science  of  forestry  has 
demonstrated  that  trees  of  a  certain  age  and  maturity  can 
be  cut,  not  to  the  detriment,  but  to  the  advantage  of 
those  remaining.  The  life  of  a  tree  is  measured,  and 
whether  it  is  removed  by  man  or  falls  by  its  own  weight, 
its  destruction  is  certain.  If  removed  and  sold,  the  price 


ANNUAL  MESSAGE  229 

goes  to  the  owner,  the  process  supplies  work  to  the  la- 
borer and  the  lumber  supplies  a  need  which  is  harder  every 
year  to  fill.  On  the  other  hand,  if  the  tree  falls  by  it- 
self, mankind  receives  no  benefit,  but  the  small  trees 
around  it  that  are  crushed  and  bent,  are  destroyed,  when 
they  might  be  saved  if  immediately  relieved  from  its 
weight. 

Nearly  every  product  springing  from  the  earth  can 
be  gathered  and  Nature  will  renew  the  supply.  Trees 
are  no  exception.  Forests  of  spruce  and  pine  can  be  cut 
over  at  intervals  varying  with  conditions.  The  remain- 
ing smaller  trees  will  grow  faster  because  the  larger  ones 
are  removed.  This  process  not  only  yields  revenue  and 
improves  the  forests,  but  it  greatly  increases  the  quantity 
of  timber  which  the  forests  will  produce.  In  the  Adiron- 

dacks  I  understand  that  the  yield  of  spruce  timber  to 
the  acre  is  now  about  twenty-five  hundred  feet,  while  in 
forests  that  have  been  cared  for,  where  the  cutting  has 
been  judiciously  done,  the  yield  is  from  thirty  to  forty 
thousand  feet  to  the  acre;  from  twelve  to  sixteen  times  as 
much.  This  larger  yield  from  the  cultivated  forests  oc- 
curs at  intervals  of  comparatively  few  years  in  length, 
while  in  the  Adirondacks,  neglected  and  misused,  a  single 
crop  seems  to  have  been  considered  the  end. 

The  supply  demanded  by  the  pulp  mills  is  another  great 
consideration.  Many  millions  of  dollars  are  invested  in 
the  ninety-one  mills  of  this  State.  Spruce  trees  in  enor- 


230  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

mous  quantities  are  required  to  supply  them.  The  pulp 
industry  as  well  as  the  lumber  trade  should  be  protected. 
These  two  industries  confer  benefits  which  reach  as  far  as 
any  other  industry  now  carried  on.  The  pulp  goes  into 
paper,  the  lumber  into  houses,  and  all  our  population  feels 
in  some  way  the  contribution  of  those  two  trades.  Thou- 
sands of  men  are  employed  in  the  Adirondacks  who  earn 
their  living  in  these  vocations.  The  process  of  State 
acquisition  should  go  on,  not  only  because  the  needs  of 
all  the  people  are  greater  than  the  needs  of  any,  but  be- 
cause a  wise  pursuit  of  this  policy  will  be  followed  by  pro- 
nounced benefits  to  the  State,  to  the  industries  I  have 
named  and  to  those  people  feeding  upon  them.  In  Ger- 
many and  France,  and  I  understand  to  some  extent  in 
New  Hampshire,  scientific  forestry  has  long  been  followed. 
The  results  have  been  productive  beyond  the  compre- 
hension of  those  people  who,  in  this  State,  have  stood  by 
and  without  effort  or  protest,  seen  their  magnificent 
forests  gradually  swept  away.  The  Constitution  should 
not  be  amended  until  the  people  have  learned  prudence 
instead  of  waste  and  have  equipped  themselves  with 
knowledge  and  experience  adequate  to  the  care  of  this 
great  domain.  Our  conditions  here  are  not  like  those 
in  Germany  or  France,  but  in  what  respects  they  differ 
few  can  tell. 

There  are  students  here  who  have  made  a  careful  study 
of  the  forests,  their  capacities  and  needs.      The  number  of 


ANNUAL  MESSAGE  231 

these  gentlemen  I  understand  to  be  increasing,  for 
through  the  labors  of  several  of  our  citizens  of  great  gen- 
erosity and  public  spirit,  the  subject  has  been  studied 
and  discussed,  and  upon  the  general  ignorance  relating 
to  this  question  there  is  beginning  to  be  some  light.  The 
knowledge  necessary  to  the  proper  treatment  of  the 
woods,  must  come  largely  through  experiment.  It  can- 
not be  had  unless  the  means  of  acquiring  it  are  provided. 
I  believe  the  means  can  be  secured  best  through  the  pur- 
chase by  the  State  of  a  tract  of  ground  covered  with  those 
trees  which  are  to  be  the  subject  of  experiment.  Such 
a  tract  the  State  could  set  apart  and  gain  from  it  the 
knowledge  which  will  enable  it  by  and  by  to  deal  with  the 
millions  of  acres  it  has  already  and  will  in  the  meantime 
acquire.  The  time  will  come  when  the  State  will  sell 
timber  to  the  lumbermen,  spruce  to  the  pulp  mills,  reap 
a  large  revenue  for  itself  and  still  retain  the  woods,  open 
to  the  public,  protecting  the  sources  of  water,  growing 
and  yielding  under  intelligent  cultivation.  The  manage- 
ment of  this  experiment  should  not  be  subject  to  the 
vicissitudes  of  politics.  It  should  be  placed  in  charge  of 
the  Regents  or  of  the  trustees  6f  Cornell  University  or  of 
some  similar  body  not  subject  to  political  change.  The 
State  should  pay  such  reasonable  sum  as  may  be  needed 
to  administer  the  plan.  Reports  should  be  made  to  the 
Governor  and  the  Legislature  annually  of  progress  and 
results.  The  income  from  the  tract  so  acquired  should 


232  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

be  paid  to  the  State  and  the  land  itself  should  become  the 
absolute  property  of  the  State,  and  a  part  of  the  forest 
preserve,  at  the  expiration  of  a  period  named. 

I  believe  such  a  plan  would  be  soon,  if  not  at  once, 
self-sustaining,  for  the  trees  now  ready  to  be  cut  would 
produce  immediate  revenue,  and  such  revenue  would  be 
repeated  at  short  intervals.  The  benefits  could  be 
hardly  over-stated,  and  in  this  direction,  as  in  many  others, 
the  wisdom  of  New  York  entering  upon  a  comparatively 
new  and  untried  field,  would  be  finally  approved. 

CIVIL  SERVICE 

The  law  enacted  last  year,  known  as  the  Lexow  bill, 
is  the  best  civil  service  law  this  State  ever  had.  It  is  a 
distinct  gain  over  previous  laws  in  the  direction  which 
the  best  friends  of  the  service  most  desire.  The  informa- 
tion of  the  public  upon  the  subject  of  civil  service  reform 
is  more  imperfect  than  that  upon  any  other  subject  so 
generally  discussed.  Most  men  are  for  or  against  it  with 
reasons  and  information  so  slight  that  their  opinions  are 
of  little  value.  There  is  nothing  in  the  new  law  and 
there  was  nothing  in  the  old,  to  prevent  removals  with  or 
without  cause.  There  was  no  restriction  under  either. 
Places  could  also  be  filled  regardless  of  the  law  if  those 
employed  to  administer,  chose  to  nullify.  The  same  op- 
portunity exists  now,  but  in  a  less  degree.  Some  who 
are  unfamiliar  with  the  subject  fear  that  under  the  present 
law  some  injury  may  be  done  to  the  public  service  in 


ANNUAL  MESSAGE  233 

New  York  city.  Such  fear  has  no  basis,  for  three  reasons. 
First:  A  large  number  of  officers  appointed  three  years 
ago,  and  whose  places  will  be  filled  again  now,  belong  to 
the  class  which  has  never  been  controlled  by  any  so-called 
civil  service  law.  Heads  of  departments,  deputies,  sec- 
retaries, stenographers,  and  all  others  holding  relations 
of  confidence  or  peculiar  responsibility,  have  always  been 
exempted  under  every  law.  Second:  Because  it  is  harder 
to  cheat  the  new  law  than  the  old,  and  third:  Because  a 
majority  of  the  employes  of  New  York  city  are  the  crea- 
tions of  the  same  political  forces  that  have  just  returned 
to  power  and  such  employes  have  never  been  removed. 
It  certainly  was  no  fault  of  the  new  law,  that  over  fifteen 
thousand  whom  Tammany  Hall  left  in  office  three  years 
ago,  at  the  time  of  her  inglorious  departure,  she  finds  still 
there  on  her  triumphant  return.  I  mention  this  last  cir- 
cumstance to  place  the  credit  where  it  belongs,  and  with- 
out professing  to  see  in  it  any  superiority  of  the  old  civil 
service  law  under  which  these  appointments  were  origin- 
ally made  and  to  this  day  uninterruptedly  enjoyed. 

A  better  understanding  of  the  subject  and  of  the  laws 
and  rules  which  attempt  to  control  it,  would  readjust  the 
standing  of  disputants  and  place  many  whose  feelings 
are  now  hostile,  in  the  attitude  of  friendship.  That  abuses 
exist  in  the  service  is  true,  whether  admitted  or  not.  The 
public  gets  less  for  its  money  than  individuals  get  for 
theirs.  The  office-holding  class  while  in  theory  the  ser- 


234  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

vant  of  the  people,  enjoys  the  privilege  which  many  other 
servants  do,  of  getting  from  their  employers  much  they 
have  not  earned.  The  power  of  this  class  is  large,  and 
will  not,  with  its  consent,  be  decreased.  It  should  not 
with  the  consent  of  the  public  be  enlarged.  The  people 
will  not  be  wise  if  they  permit  its  influence  to  extend  where 
they  cannot  control  it  if  they  choose.  For  these  reasons  I 
have  never  favored  indefinite  tenure  in  office.  Such  tenure 
might  result  in  better  service,  but  would  quite  as  likely 
result  in  worse.  While  the  service  might  not  be  the  best, 
it  might  still  not  be  bad  enough  to  justify  removal.  The 
one  thing  morally  certain  in  a  fixed  plan  of  indefinite  con- 
tinuance in  office  is  that  place  holders  would  be  beyond 
the  people's  reach.  I  do  not  believe  this  would  raise  the 
efficiency  of  the  service.  The  knowledge  in  an  employe 
that  his  place  can  be  taken  from  him,  is  more  likely  than 
any  other  influence  to  make  his  work  such  that  his  su- 
periors will  not  wish  to  remove  him.  His  accomplish- 
ments are  his  protection.  This  is  proved  in  every  depart- 
ment of  the  State  where  competent  men  have  retained 
their  places  under  all  administrations  for  years.  And 
while  they  protect  themselves,  the  public  is  also  protected 
by  retaining  the  right  to  dismiss.  This  right  the  public 
should  never  surrender.  In  this  country  no  office-holding 
class  should  ever  be  created.  Such  class  would  be  incon- 
sistent with  the  principles,  the  history  and  every  purpose 
of  a  government  like  this.  The  people  should  retain  con- 


ANNUAL  MESSAGE  235 

trol.  They  employ  and  pay  and  should  so  far  retain  the 
management  of  their  business  as  to  keep  whom  they  de- 
sire and  discharge  whom  they  please.  They  should  also 
be  free  to  select  help  as  men  select  theirs,  regarding  every 
quality  which  makes  applicants  desirable  or  the  reverse. 
These  propositions  seem  to  me  plain  and  correct.  If 
they  are,  then  that  law  is  the  best  which  comes  nearest 
to  carrying  them  out.  Perhaps  this  can  be  done  better 
than  the  Lexow  bill  will  do  it,  but  the  Lexow  bill  is  now 
doing  and  will  hereafter  do  better  than  any  law  hereto- 
fore has  done.  The  Constitution  of  the  State  requires 
that  places  in  the  civil  service  shall  be  bestowed  accord- 
ing to  merit  and  fitness,  to  be  determined  in  competitive 
examinations.  Under  the  old  law  and  the  rules  carrying 
it  into  effect,  merit  and  fitness  for  the  State  service  were 
determined  by  examinations  which,  in  my  judgment,  were 
utterly  inadequate.  They  made  success  or  failure  de- 
pend mainly  upon  the  educational  attainments  of  the  ap- 
plicant. The  examination  papers  in  recent  years,  for  en- 
trance to  the  State's  employ,  show  this  to  be  true.  Quali- 
ties of  character,  habits,  tact,  endurance,  played  little  part 
in  the  result.  The  importance  of  such  qualities  no  one 
disputes.  Their  value  is  such  that  no  private  business 
anywhere  engages  help  without  an  examination  which 
embraces  them.  The  servants  of  the  public  should  not 
be  inferior  to  the  servants  of  individuals,  and  a  system 
which  does  not  discover  such  inferioritv  is  defective. 


236  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

The  Lexow  bill  remedies  that  precise  defect.  Its  opera- 
tion has  not  in  any  way  diminished  the  educational  tests 
of  the  old  system,  and  was  not  intended  to  do  so,  but  it 
added  to  the  scholastic  examination  another  which 
should  disclose  and  take  into  account  those  necessary 
qualifications  which  the  first  examination  left  out.  The 
standard  of  merit  under  the  old  rules  was  not  diminished 
by  the  new.  The  first  required  at  least  seventy  per  cent, 
out  of  one  hundred,  the  second  at  least  thirty-five  out  of 
fifty.  Everything  required  then  is  required  still,  and  if 
a  candidate  fails  in  the  examination  for  scholarship  or 
merit,  he  cannot  take  the  second  for  the  qualities  which 
prove  his  fitness.  There  is,  therefore,  no  chance  for  in- 
competent persons  to  be  crowded  into  putlic  service. 
The  requirements  are  not  narrowed;  they  are  enlarged. 
Many  who  could  enter  the  service  under  the  old  system 
would  fail  under  the  new. 

If  a  fitness  examination   is   required,   somebody   must 
hold  it.      Those  most  competent  to  do  so  are  they  who 

know  the  precise  qualifications  required.  This  would 
mean  the  person  for  whom  the  services  were  to  be  ren- 
dered. Furthermore,  if  examinations  are  conducted  by 
different  authorities,  there  will  be  less  chance  of  favoritism 
than  if  both  are  held  by  a  single  examiner.  The  larger 
the  number  of  examiners  the  less  chance  of  collusion,  for 
all  must  agree  to  defraud  the  law  or  it  cannot  be  done. 
It  is  said  that  the  head  of  a  department  may  be  dis- 


ANNUAL  MESSAGE 


237 


honest.  That  is  true,  but  there  is  no  certainty  that  an 
examining  board  will  not  be  afflicted  in  the  same  way. 
The  criticism  aimed  at  one,  reaches  both.  The  fear  that 
this  law  will  not  work  well  is  founded  upon  the  suspicion 
that  the  appointing  power  may  not  be  faithful,  but  the 
success  of  the  system  in  any  event  must  rely  upon  the 
good  faith  either  of  the  officer  appointing  or  of  the  exam- 
ining board,  or  both.  This  means  only  that  every  under- 
taking must  depend  upon  the  integrity  of  those  who  carry 
it  on.  All  relations  rest  upon  confidence,  and  against 
their  failure  through  betrayal  there  is  no  safe-guard  ex- 
cept the  character  of  men  and  the  restraints  of  law.  The 
head  of  a  department  is  no  more  likely  to  fall  short  than 
a  member  of  a  civil  service  commission.  Both  may  have 
been  appointed  by  the  Governor.  The  likelihood  would 
be  no  greater  if  both  were  elected  by  the  people.  Be- 
sides, a  department  is  responsible  for  the  person  it  ap- 
points, while  a  commission  has  no  responsibility  for  the 
person  it  recommends.  If  there  is  an  intention  to  evade 
the  law,  the  powers  of  the  commission  in  that  direction 
are  far  greater  than  those  of  the  head  of  a  department. 
The  former  deals  with  all  departments,  the  latter  with 
only  one. 

The  rules  under  the  new  law  are  in  my  opinion  an  im- 
provement upon  those  previously  in  use.  For  example. 
the  old  rules  kept  a  person  who  had  passed  an  examina- 
tion, on  the  list  for  a  year;  under  the  new  he  must  notify 


238  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

the  board  every  three  months  that  he  desires  his  name 
retained  and  is  willing  to  accept  employment  in  the  State's 
service.  The  old  rules  allowed  a  candidate  on  the  eligible 
list  to  refuse  employment  three  times,  and  to  keep  his 
place  there  until  the  third  refusal.  The  present  rules 
compel  him  to  accept  the  first  offer  of  employment  or  his 
name  is  stricken  from  the  roll  and  can  be  restored  only 
by  another  examination.  The  reason  for  these  changes 
is  sound.  The  old  rules  sometimes  seriously  embarrassed 
a  department  in  need  of  help.  A  demand  upon  the  civil 
service  board  might  receive  the  name  of  a  candidate  who 
had  died  or  left  the  State  a  year  before.  This  difficulty 
was  obviated  by  the  new  rule  which  requires  every  can- 
didate to  keep  in  touch  with  the  board,  by  a  notice  every 
three  months.  The  same  name  could  formerly  be  sent 
to  three  different  departments,  one  after  another,  so  that 

each  of  the  three  was  subjected  to  the  delay  and  trouble 
of  learning  for  itself,  that  the  name  submitted  was  dead. 

This  produced  embarrassment  depending  upon  the  ur- 
gency of  the  business  requiring  attention.  This  was  cor- 
rected by  striking  the  name  from  the  list  after  the  first 
refusal  or  failure  to  accept. 

The  report  from  the  civil  service  board  and  its  secre- 
tary whose  long  experience  gives  their  opinions  weight, 
is  that  that  department  never  worked  as  well  as  it  does 
to-day.  I  am  in  favor  of  making  it  still  more  efficient, 
and  for  that  purpose  I  make  the  following  recommenda- 


ANNUAL  MESSAGE  239 

tions:  A  larger  force  and  better  accommodations  should 
be  given  the  civil  service  board.  Its  examiners  should 
be  the  best,  and  their  salaries  fixed  accordingly.  The 
appropriations  for  this  department  have  been-  too  small. 
With  the  amount  available,  it  has  been  cramped  to  the 
extent  of  greatly  impairing  its  value.  Examinations 
should  be  held  frequently  and  in  many  places.  The  list 
should  be  constantly  recruited  and  all  names  kept  off  of 
persons  who  are  dead  or  unwilling  to  accept  employment 
from  the  State.  Upon  the  efficiency  of  the  civil  service 
department  depends  in  great  measure  the  efficiency  of 
every  other.  It  should  be  active,  competent  and  well 
managed.  It  is  a  regular  department  of  the  State,  feed- 
ing all  others,  and  unless  it  can  properly  discharge  its 
functions  it  is  not  an  aid,  but  an  obstruction.  The 
changes  I  propose  will  necessitate  more  work,  which  will 
require  more  money.  Both  are  necessary  to  make  the 
department  what  it  ought  to  be.  I  am  in  favor  of  re- 
quiring one  and  providing  the  other.  The  suggestion 
has  been  made  that  the  ne\v  law  and  rules  require  too 
many  examinations.  This  is  not  a  fair  objection.  The 
system  is  designed  for  the  public  good,  and  not  for  the 
comfort  of  individuals.  The  objection  has  no  foundation 
even  from  the  standpoint  of  the  applicant,  for  the  anxiety 
to  hold  public  office  is  strong  enough  to  make  men  un- 
dergo the  inconvenience  necessary  to  attain  it.  If  the 
objection  was  stripped  of  its  pretense,  it  would  be  found 
to  consist  not  in  reluctance  at  meeting  the  inconvenience 


240  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

of  applying,  but  in  aversion  to  taking  the  examination  at 
all.  Examinations  are  required,  and  no  instance  of  eva- 
sion either  by  the  civil  service  board  or  by  any  depart- 
ment, should  be  tolerated.  I  believe  the  law  and  the 
rules  and  the  department  are  more  efficient  now  than  ever 
before.  I  will  aid  in  making  them  still  better  and  help 
to  modify  or  abolish  anything  that  stands  in  the  way. 

ROADS 

The  opinion  is  growing  that  some  method  must  soon 
be  adopted  which  will  improve  the  country  roads.  The 
system  now  in  general  use  allows  the  highway  taxes  to  be 
paid  in  work.  The  result  is  poor  roads,  with  little  sign 
of  improvement.  Under  the  law  of  this  State  any  town 
or  county  now  has  the  right  to  adopt  the  plan  of  paying 
this  tax  in  money.  In  the  few  cases  in  which  the  latter 
plan  has  been  adopted,  the  result  has  given  great  satis- 
faction. The  money  system  can  be  so  pursued  as  to  in- 
sure the  expenditure  of  a  stated  amount  upon  each  mile 
of  road  in  a  town,  leaving  a  surplus  to  be  devoted  each 
year  to  the  roads  most  in  need  of  it.  It  is  urged  by  many 
whose  judgment  and  experience  are  valuable  that  the 
Legislature  should  enact  a  law  compelling  all  highway 
taxes  to  be  paid  in  money.  This  may  finally  be  done.  I 
would  recommend,  however,  that  before  such  Jaw  is 
passed,  the  towns  and  counties  of  the  State  avail  them- 


ANNUAL  MESSAGE  241 

selves  of  their  privilege  under  the  statute,  of  adopting 
the  money  system.  The  experience  thus  gained  will 
probably  satisfy  the  farmers  that  the  plan  now  in  use 
should  be  abandoned. 

I  call  special  attention  to  this  subject  because  the  need 
of  improvement  is  apparent  and  admitted,  and  because 
the  benefits  following  it  would  be  extensive.  Many  sec- 
tions of  the  State,  unsurpassed  in  beauty  and  fertility, 
are  neglected  and  almost  unknown,  because  the  condition 
of  the  highw-ays  affording  the  only  approach  makes  them 
difficult  of  access.  A  good  road  is  one  of  the  chief  ele- 
ments of  the  value  of  a  farm.  If  its  fertility  be  slight,  it 
may  still  be  desirable  if  its  location  and  surroundings  are 
attractive  and  the  approaches  suitable.  In  many  parts 
of  this  country,  notably  in  New  England,  farm  values 
which  had  been  reduced  by  the  competition  of  the  west, 
have  been,  in  great  measure,  restored  by  the  demand 
for  summer  homes.  Every  such  community  finds  itself 
benefited  to  the  extent  of  its  power  to  attract  invest- 
ments from  the  tow<ns  and  cities.  Its  markets  are  en- 
larged, the  price  of  all  commodities  raised,  railroad  facil- 
ities are  improved,  and  those  changes  which  the  expendi- 
ture of  money  is  likely  to  create,  are  largely  realized. 
New  York  has  natural  advantages  unsurpassed  by  any 
State.  Better  roads  will  bring  them  more  generally  into 
view. 


242      PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

TAXATION 

The  laws  relating  to  taxation  in  this  State  are  inade- 
quate. They  are  uniform  in  terms,  but  not  in  applica- 
tion. A  law  that  is  not  uniformly  applied  is  not  just,  and 
if  no  machinery  can  be  devised  to  carry  it  into  full  opera- 
tion, the  law  itself  should  be  changed.  The  question  ot 
levying  and  collecting  taxes  is  the  most  serious  with  which 
we  deal.  No  subject  reaches  farther  and  none  is  more 
difficult  of  just  solution.  Discrimination  in  enforcement 
results  not  only  in  injustice,  but  often  in  hardship.  The 
class  for  which  there  is  the  least  hope  of  escape  is  the 
class  in  which  generally  there  is  the  least  ability  to  pay. 
Whoever  else  escapes,  the  freeholder  will  be  caught. 
Sooner  or  later  this  subject  must  be  dealt  with,  and  the 
law  governing  it  reformed.  Several  States  are  now  mak- 
ing careful  inquiries  upon  which  subsequent  legislation 
may  be  framed.  This  State  has  never  evaded  its  duty 
or  fallen  behind  in  fair  and  enlightened  laws.  Some 
agency  should  be  created  which  will  consider  the  sub- 
ject with  the  care  its  gravity  demands,  and  report  to  you 
or  your  successors,  some  scheme  to  correct  the  evil  so 
generally  acknowledged. 

PUBLIC  EXPENDITURES 

Public  money  is  too  frely  spent.  This  ought  to  be 
checked,  and  could  be,  if  private  efforts  were  as  strenuous 
as  public  utterances.  The  main  obstacle  in  the  way  of 
reduction  is  that  it  curtails  the  benefits  which  some  com- 


ANNUAL  MESSAGE  243 

munity,  class  or  person  has  heretofore  enjoyed,  and  in- 
variably results  in  protest  and  opposition  from  that  par- 
ticular source.  Economy  in  the  abstract  excites  uni- 
versal enthusiasm,  but  abstract  economy  is  of  no  value 
whatever.  It  must  be  applied  somewhere  before  a  gain 
is  made,  and  in  the  process  of  the  change  from  economy 
in  general  to  economy  in  particular  the  passive  desire  for 
one  becomes  active  hostility  to  the  other.  There  are 
many  ways  in  which  every  person  of  experience  in  pub- 
lic affairs  knows  that  large  reductions  could  be  made  with- 
out the  slightest  injury  to  the  public  interests.  There 
would  be  a  denial  of  benefits  to  individuals,  but  no  injus- 
tice. In  this  connection  I  call  attention  to  one  particular 
abuse.  I  refer  to  this  one,  not  with  any  intention  to  ex- 
clude, but  rather  to  illustrate,  others.  It  is  the  subject 
of  public  printing.  The  practice  has  long  existed  of 
printing,  by  thousands,  public  documents  which  have  no 
value.  They  are  never  distributed  and  seldom  called  for. 
They  are  piled  up  and  stored  by  the  load,  and  in  time  dis- 
posed of  at  a  fraction  of  a  cent  a  pound  for  waste.  Or- 
dering without  discrimination  or  check  is  vicious,  with 
no  feature  to  redeem  it.  The  responsibility  for  printing 
reports  or  documents  relating  to  any  subject  should  be 
placed  upon  those  having  the  subject  in  charge.  No 
order  should  be  given  or  rilled  except  upon  the  certifi- 
cate of  those  entrusted  with  the  right  to  give  it.  In 
this  way  it  will  be  possible  to  track  the  extravagance  to 


244  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

some  responsible  head.      If  this  were  done  an  enormous 
saving  could  be  made  in  this  single  item. 

I  earnestly  solicit  the  co-operation  of  the  Legislature 
upon  the  subject  of  expenditures,  enjoining  upon  you  the 
need  of  careful  discrimination  between  those  matters 
which  extend  to  and  are  required  by  the  general  good, 
and  those  others  which  are  demanded  only  for  local  pur- 
poses, or  upon  the  still  narrower  ground  of  personal 
desire. 

BIENNIAL  SESSIONS 

I  referred  last  year  to  the  subject  of  biennial  sessions. 
I  refer  to  it  again,  adhering  ,to  my  original  belief  that  a 
session  every  two  years  could  pass  all  the  laws  required 
by  the  State,  greatly  reduce  expenses,  remove  the  danger 
which  increases  every  year  from  over  legislation,  give  the 
laws  a  chance  to  be  understood,  protect  those  interests 
subject  to  measures  known  as  strikes,  and  relieve  the 
people  from  the  complications  and  uncertainties  into 
which  excessive  legislation  is  sure  to  plunge  them.  The 
wisdom  of  the  biennial  session  has  forced  itself  upon 
nearly  all  the  States.  Out  of  forty-five  States  thirty- 
nine  have  adopted  it  and  in  comparatively  few  cases  where 
it  prevails  are  extra  sessions  held.  These  extra  sessions 
are  sometimes  called  by  the  Governor  for  specific  pur- 
poses, and  no  other  can  be  considered.  This  change 
would  involve  a  modification  of  the  terms  of  Senators 
and  Assemblymen.  I  believe  the  people  would  approve 


ANNUAL  MESSAGE  245 

it,  and  in  my  judgment  that  Legislature  will  render  a 
great  service  which  takes  the  first  step  towards  submitting 
the  question  to  them. 

SHORT  AND  ACTIVE  SESSION 

I  shall  be  glad  if  the  Legislature  realizes  the  import- 
ance of  an  early  adjournment.  In  order  that  this  may  be 
had,  I  recommend  that  work  should  begin  as  speedily  as 
possible  after  you  convene.  This  course  is  necessary  in 
order  to  finish  your  duties  at  an  early  day.  It  is  desir- 
able for  another  reason  quite  as  important,  viz.,  that  such 
legislation  as  you  pass,  may  reach  the  Governor  before 
adjournment.  It  is  a  mistake  to  pass  a  large  number  of 
bills  near  the  close  of  a  session.  In  the  confusion  of  the 
last  days,  the  Legislature  cannot  consider;  it  can  only 
relax.  At  the  adjournment  on  the  24th  of  April  last, 
there  were  left  for  the  Governor  seven  hundred  and  eighty- 
three  bills  to  be  examined,  considered  and  disposed  of 
in  thirty  days,  including  Sundays.  At  least  a  week  was 
required  to  classify  and  arrange  them,  leaving  about  three 
weeks  which  could  be  devoted  to  their  consideration. 
The  work  of  the  Executive  under  such  conditions  must 
be  imperfect.  If  laws  ought  to  be  passed  by  the  Legis- 
lature, they  ought  to  be  considered  by  the  Governor. 
If  bills  are  disposed  of  by  him  at  the  rate  of  forty  a  day, 
they  cannot  be  well  examined. 

There  should  be  opportunity  for  conference  and  dis- 
cussion between  the  Executive  and  members  of  the  Legis- 


246  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

lature.     This  will  afford  both  a  better  understanding  of 
measures  proposed. 

I  advise  that  only  such  acts  be  passed  as  have  general 
application.  Cases  are  rare  where  the  need  for  local  or 
special  legislation  exists.  A  large  part  of  our  laws  serve 
no  desirable  end  whatever.  They  increase  the  expense, 
confuse  existing  law,  and  are  often  trivial  and  uncertain 
in  their  character. 

I  hope  the  public  interests  will  be  carefully  separated 
from  those  smaller  interests  which  are  sometimes  so 
closely  blended  with  the  public  that  the  line  of  separation 
is  obscure. 

I  shall  not  be  unmindful,  in  the  discharge  of  my  own 
duties,  of  the  suggestions  I  have  made  to  you. 

FRANK  S.  BLACK 


PROCLAMATION   OF   REWARD   FOR  THE   AR- 
REST OF  WALLACE  J.  CHRISTIAN 

STATE  OF  NEW  YORK 

Executive  Chamber 

IT  BEING  charged  and  alleged  that  on  or  about  the 
2/th  day  of  September  1897  in  the  county  of  Sullivan 
in  this  State,  one  Wallace  J.  Christian  without  cause  or 
provocation  shot  and  killed  Horace  F.  Pritchard  and 
Thomas  J.  Manny  thereby  committing  the  crime  of  mur- 
der in  the  first  degree,  and  it  appearing  to  me  that  there 


THE  BARREN  ISLAND  NUISANCES  247 

is  good  and  sufficient  ground  for  the  said  charge  and 
probable  cause  therefor  and  that  the  said  Wallace  J. 
Christian  is  still  at  large,  and  the  district  attorney  of 
said  county  having  requested  me  to  offer  a  suitable  re- 
ward for  his  arrest  and  apprehension,  I  hereby  in  pursu- 
ance of  said  request  and  by  virtue  of  the  authority  in 
me  vested  by  the  Constitution  and  laws  of  the  State 
offer  a  reward  of  one  thousand  dollars  to  be  paid  for  the 
arrest  of  the  said  Wallace  J.  Christian  and  his  delivery 
to  the  sheriff  of  said  county. 

Given  under  my  hand  and  the  Privy  Seal  of  the 
State  at   the   Capitol  in  the  city   of  Albany 
[L  s]        this  fifth  day  of  January  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  ninety- 
eight 

FRANK  S.  BLACK 
By  the  Governor: 

WILLIAM  M.  GRIFFITH 

Private  Secretary 


ORDER  DIRECTING  THE  ABATEMENT  OF 
CERTAIN  PUBLIC  NUISANCES  AT  BARREN 
ISLAND,  KINGS  COUNTY 

STATE  OF  NEW  YORK 

Executive  Chamber 

WHEREAS  The  State  Board  of  Health  upon  the  com- 
plaint of  various  parties  residing  in  the  vicinity  of  Bar- 


248  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

ren  Island  and  acquainted  therewith  has  examined  into 
certain  alleged  nuisances  existing  at  said  Barren  Island 
and  has  taken  testimony  both  upon  the  part  of  the  com- 
plainants as  well  as  of  the  individuals,  firms  and  corpo- 
rations alleged  to  be  conducting  offensive  business  and 
trades  at  said  island,  and 

Whereas  On  or  about  the  25th  day  of  October  1897 
the  said  Board  of  Health  duly  made  its  report  and  upon 
which  report  the  approval  of  the  Governor  was  endorsed 
the  /th  day  of  January  1898  and  which  said  report  was 
duly  filed  in  the  office  of  the  Secretary  of  State  on  the 
7th  day  of  January  1898,  by  which  report  so  approved 
as  aforesaid  it  appears  that  divers  offensive  trades  and 
business  are  carried  on  upon  said  Barren  Island  in  such 
a  manner  as  to  become  a  public  nuisance,  to  which  report 
reference  is  hereby  made,  and 

Whereas  The  said  State  Board  of  Health  in  and  by  its  said 
report  has  recommended  that  an  order  and  proclamation 
made  by  His  Excellency  Governor  Hill  declaring  the 
business  and  trades  of  Peter  White's  Sons,  E.  Frank  Coe, 
The  Barren  Island  Oil  and  Guano  Company,  and  The 
Barren  Island  Fertilizing  Oil  Company  to  be  public 
nuisances,  etc.  be  amended  and  modified  by  declaring  to 
be  public  nuisances  the  business,  trades  and  establish- 
ments of  each  of  the  individuals,  corporations  and  co- 
partnerships hereinafter  specifically  mentioned  and  order- 
ing the  same  abated  on  or  before  April  ist  1898  unless 
each  of  the  said  firms,  individuals  and  corporations  shall 


THE  BARREN  ISLAND  NUISANCES  249 

sooner  obtain  a  permit  of  the  New  York  State  Board 
of  Health  and  the  New  York  City  Board  of  Health  to 
carry  on  their  said  noxious  trades  in  conformity  with 
sanitary  rules  and  regulations  prescribed  by  said  boards: 

Nozv  Therefore  I,  Frank  S.  Black,  Governor  of  the  State 
of  New  York,  in  pursuance  of  the  statute  in  such  case 
made  and  provided  and  by  reason  of  the  premises  here- 
inbefore recited,  do  hereby  declare  to  be  public  nuisances 
the  business,  trades  and  establishments  maintained  and 
carried  on  at  Barren  Island  in  the  county  of  Kings  and 
State  of  New  York  by  the  following  firms,  individuals  and 
corporations,  to  wit: 

E.  Frank  Coe  Company,  a  corporation  engaged  in  the 
manufacture  of  commercial  fertilizer, 

The  Barren  Island  Fertilizer  and  Oil  Works,  a  cor- 
poration engaged  in  the  manufacture  of  fish  oil  and  fish 
scrap, 

The  New  York  Sanitary  Utilization  Company,  a  cor- 
poration engaged  in  reducing  the  garbage  of  New  York 
city  and  Brooklyn,  and  manufacturing  certain  commercial 
products  therefrom, 

E.  J.  McKeever  and  Brother,  a  co-partnership  consist- 
ing of  Edward  J.  and  Stephen  W.  McKeever,  engaged 
in  rendering  dead  animals  collected  principally  from  the 
City  of  Brooklyn,  and 

P.  White  and  Sons,  a  co-partnership  engaged  in  ren- 
dering dead  animals  collected  chiefly  in  the  City  of  New 
York. 


250  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

And  I  do  hereby  order  said  nuisances  to  be  abated  and 
direct  the  said  individuals,  firms  and  corporations,  on  or 
before  April  ist  1898  to  secure  a  permit  from  the  New 
York  State  Board  of  Health  and  the  New  York  City 
Board  of  Health  and  to  conform  their  various  trades, 
business  and  vocations  hereinbefore  -specified  to  such 
sanitary  rules  and  regulations  as  may  be  before  that  date 
prescribed  by  said  boards. 

Given  under  my  hand  and  the  Privy  Seal  of  the 
State  at  the  Capitol,  in  the  city  of  Albany 
[L  s]         this  tenth  day  of  January  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  ninety- 
eight. 

FRANK  S.  BLACK 
By  the  Governor: 

WILLIAM  M.  GRIFFITH 

Private  Secretary 


MESSAGE   TO   THE   LEGISLATURE   RELATING 
TO  IMPROVEMENT  OF  THE  CANALS 

STATE  OF  NEW  YORK 

Executive  Chamber 

Albany,  January   12,    1898 
To  THE  LEGISLATURE: 

I  have  the  honor  to  transmit  herewith  for  your  con- 
sideration a  communication  received  this  day  from  the 


MESSAGE  —  IMPROVEMENT  OF  CANALS  251 

Superintendent  of  Public  Works  and  the  State  Engineer 
and  Surveyor. 

I  approve  the  suggestions  therein  contained.  The 
Governor  cannot  appoint  a  committee  possessing  the 
necessary  powers  unless  authority  is  conferred  upon  him 
by  the  Legislature.  I  therefore  recommend  that  such 
early  action  be  taken  in  the  matter  as  may  be  deemed 
proper. 

FRANK  S.  BLACK 

THE  LETTER 

Albany,  January  12,  1898 
To  THE  GOVERNOR: 

The  appropriation  of  nine  million  dollars,  voted  by  the 
people  at  the  election  of  1895,  for  improving  the  canals, 
is  insufficient  to  complete  the  work.  Another  large  sum 
will  be  required.  The  authority  for  the  second  appro- 
priation should  be  no  less  than  that  by  which  the  first 
was  made.  This  will  require  the  submission  of  the  ques- 
tion to  popular  vote.  In  order  that  such  vote  may  be 
intelligently  taken, 'the  most  careful  examination  should 
be  made  of  the  work  already  clone  or  contracted  for,  and 
estimates  prepared  for  that  which  may  be  necessary  to 
complete  the  undertaking. 

We  recommend  that  a  committee  be  appointed  to  make 
such  examination  and  procure  such  ertimates;  such  com- 


252  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

mittee  to  be  composed  of  the  ablest  and  most  impartial 
citizens.  It  should  contain  or  have  power  to  employ, 
those  possessed  of  the  highest  skill  in  such  work.  The 
advice  and  co-operation  of  the  New  York  Chamber  of 
Commerce,  the  Buffalo  Chamber  of  Commerce  and  simi- 
lar commercial  bodies  in  the  State,  might  well  be  solicited. 
The  value  of  an  examination  of  the  work  already  done 
and  of  an  estimate  of  that  to  be  performed,  will  depend 
upon  the  thoroughness  with  which  they  are  made.  In 
our  judgment  the  most  careful  and  detailed  inspection 
should  be  made  of  the  whole  subject,  including  the  work 
done,  contracts  made  and  parts  not  touched.  From  the 
report  to  be  made  thereon  the  people  will  obtain  a  knowl- 
edge which  will  enable  them  to  act  understandingly. 
The  subject  is  of  great  importance  and  we  hold  ourselves 
ready  to  place  at  the  disposal  of  such  committee,  a  com- 
plete record  of  all  proceedings  thus  far,  and  to  aid  it  in 
every  way,  to  the  best  of  our  ability. 

GEORGE  W.  ALDRIDGE, 

Superintendent  of  Public  Works 
C.  W.  ADAMS, 

State  Engineer  &  Surveyor 


PROSECUTION  OF  MORRIS  JACKSON  —  ORDER        253 

MESSAGE     TRANSMITTING     STATEMENT     OF 
PARDONS,  COMMUTATIONS  AND  RESPITES 

STATE  OF  NEW  YORK 

Executive  Chamber 

Albany,  January  20,   1898 
To  THE  LEGISLATURE: 

I  have  the  honor  to  transmit  herewith  the  statement 
required  by  the  Constitution  showing  the  several  pardons, 
commutations  and  reprieves  granted  by  me  during  the 

year  1897. 

FRANK  S.  BLACK 


ORDER  DIRECTING  THE  ATTORNEY  GENERAL 
TO  CONDUCT  THE  PROSECUTION  OF  MOR- 
RIS JACKSON 

STATE  OF  NEW  YORK 
Executive  Chamber 

Albany,  February  3,  1898 

To  the  Honorable  THEODORE  E.  HANCOCK,  Attorney  General 

of  the  State  of  Nczv  York: 

In   pursuance  of  article  V  of  the   Executive   Law   of 
the  State  of  New  York  you  are  hereby  required  to  attend 


254  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

in  person  or  by  deputy  a  Trial  Term  of  the  Supreme 
Court  of  said  State  to  be  held  in  the  county  of  Herkimer 
at  the  court  house  in  the  village  of  Herkimer  upon  the 
seventh  day  of  March,  1898  for  the  purpose  of  managing 
and  conducting  in  such  court  and  at  such  term  in  behalf 
of  the  People  the  trial  of  one  Morris  Jackson  for  murder 
in  the  first  degree  in  killing  one  Ella  M.  Ausman,  in 
April,  1897,  which  indictment  was  heretofore  found  and 
presented  by  a  grand  jury  of  Herkimer  county. 

FRANK  S.  BLACK 


CERTIFICATION  TO  THE  NECESSITY  OF  THE 
PASSAGE  OF  ASSEMBLY  BILL  No.  1819,  TO 
REGULATE  PRIMARY  ELECTIONS,  ETC. 

STATE  OF  NEW  YORK 

Executive  Chamber 
To  THE  LEGISLATURE: 

It  appearing  to  my  satisfaction  that  the  public  interest 
requires  it; 

Therefore  In  accordance  with  the  provisions  of  section 
fifteen  of  article  three  of  the  Constitution  and  by  virtue 
of  the  authority  thereby  conferred  upon  me,  I  do  hereby 
certify  to  the  necessity  of  the  immediate  passage  of 
Asssembly  Bill  number  1819  entitled  "An  act  in  relation 


MESSAGE  OF  CERTIFICATION  255 

to  enrollment  for  political  parties,  primary  elections,  con- 
ventions and  political  committees." 

Given  under  my  hand  and  the  Privy  Seal  of  the 

State  at   the   Capitol  in  the  city   of  Albany 

[L  s]         this  twenty-third  day  of  March  in  the  year 

of  our  Lord  one  thousand  eight  hundred  and 

ninety-eight. 

FRANK  S.  BLACK 
By  the  Governor: 

WILLIAM  M.  GRIFFITH 

Private  Secretary 


CERTIFICATION  TO  THE  NECESSITY  OF  THE 
PASSAGE  OF  SENATE  BILL  INTRODUCTORY 
No.  659,  TO  REGULATE  PRIMARY  ELEC- 
TIONS ETC. 

STATE  OF  NEW  YORK 

Executive  Chamber 
To  THE  LEGISLATURE: 

It  appearing  to  my  satisfaction  that  the  public  interest 
requires  it; 

Therefore  In  accordance  with  the  provisions  of  section 
fifteen  of  article  three  of  the  Constitution  and  by  virtue 
of  the  authoritv  thereby  conferred  upon  me,  I  do  hereby 
certify  to  the  necessity  of  the  immediate  passage  of 
Senate  Bill  introductory  number  659  entitled  "An  act 


256  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

in  relation  to  enrollment   for  political    parties,   primary 
elections,  conventions,  and  political  committees." 

Given  under  my  hand  and  the  Privy  Seal  of  the 

State  at   the  Capitol   in   the   city   of  Albany 

[L  s]       this  twenty-third  day  of  March  in  the  year  of 

our  Lord  one   thousand  eight    hundred   and 

ninety-eight. 

FRANK  S.  BLACK 
By  the  Governor: 

WILLIAM  M.  GRIFFITH 

Private  Secretary 


CERTIFICATION  OF  THE  NECESSITY  OF  THE 
PASSAGE  OF  ASSEMBLY  BILL  INTRODUC- 
TORY No.  1031  — A  SUPPLY  BILL 

STATE  OF   NEW  YORK 

Executive  Chamber 
To  THE  LEGISLATURE: 

It  appearing  to  my  satisfaction  that  the  public  interest 
requires  it; 

Therefore  In  accordance  with  the  provisions  of  section 
fifteen  of  article  three  of  the  Constitution  and  by  virtue 
of  the  authority  thereby  conferred  upon  me,  I  do  hereby 
certify  to  the  necessity  of  the  immediate  passage  of 
Assembly  Bill  introductory  number  1031  entitled  "An- 


CONTINGENCY  OF  WAR  MESSAGE  257 

act  making  appropriations  for  certain  expenses  of  govern- 
ment and  supplying  deficiencies  in  former  appropriations." 
Given  under  my  hand  and  the  Privy  Seal  of  the 
State  at   the  Capitol  in   the  city  of  Albany 
[L  s]       this  twenty-ninth  day  of  March  in  the  year 
of  our  Lord  one  thousand  eight  hundred  and 

ninety-eight. 

FRANK  S.  BLACK 
By  the  Governor: 

WILLIAM  M.  GRIFFITH 

Private  Secretary 


MESSAGE  URGING  PROVISION  AGAINST  THE 
CONTINGENCY  OF  WAR 

STATE  OF  NEW  YORK 
Executive  Chamber 

Albany,  March  31,  1898 
To  THE  LEGISLATURE: 

Events  are  now  transpiring  of  so  grave  and  general 
import,  that  the  attention  of  every  enlightened  people 
is  fixed  upon  our  own.  The  crisis  which  our  National 
Government  now  meets,  involves  those  deep  considera- 
tions which  affect  the  future  of  the  race.  To  aid  that 
Government  by  approval  and  support,  to  sustain  its  hand 
when  raised  for  justice  and  fair  play,  is  the  duty  of  every 
State.  No  hour  has  ever  been  so  full  of  peril  that  New 
York  has  faltered  while  it  passed.  Because  of  her  past 
history  and  her  present  greatness,  she  should  be  the  first 
to  understand  the  meaning  of  to-day.  After  long  reflec- 


258  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

tion,  and  with  an  earnest  desire  to  do  that  which  ought 
to  be  done,  and  to  refrain  from  that  which  ought  not  to 
be  done,  I  recommend  that  before  you  adjourn,  you  take 
such  action  as  your  wisdom  shall  decide  upon,  to  provide 
against  such  urgent  needs  as  the  future  may  disclose. 

I  hope  the  day  is  still  remote  which  shall  consume  the 
means  you  set  apart.  But  if  the  time  should  come  when 
forbearance  and  National  self-respect  can  no  longer  stay 
together,  there  can  be  but  one  answer  to  the  duty  thus 
arising. 

I  believe  you  will,  not  in  haste  or  anger  toward  any 
other  people,  but  in  the  deliberate  purpose  to  defend  your 
own,  and  as  a  sign  of  hope  to  the  struggling  and  dis- 
tressed, realizing  that  patriotism  without  preparation  is 
as  fragile  as  a  dream,  so  act  that  the  enlightened  senti- 
ment of  the  world  will  justify  you. 

FRANK  S.  BLACK 


CERTIFICATION  OF  THE  NECESSITY  OF  THE 
PASSAGE  OF  ASSEMBLY  BILL  INTRODUC- 
TORY No.  1374  — THE  APPROPRIATION  BILL 

STATE  OF  NEW  YORK 

Executive  Chamber 
To  THE  LEGISLATURE: 

It  appearing  to  my  satisfaction  that  the  public  interest 
requires  it ; 

Therefore  In  accordance  with  th'e  provisions  of  section 
fifteen  of  article  three  of  the  Constitution  and  by  virtue 


MESSAGE  OF  CERTIFICATION  259 

of  the  authority  thereby  conferred  upon  me,  I  do  hereby 
certify  to  the  necessity  of  the  immediate  passage  of 
Assembly  Bill  introductory  number  1374  entitled  "An 
act  to  provide  ways  and  means  for  the  support  of  gov- 
ernment." 

Given  under  my  hand  and  the  Privy  Seal  of  the 

State  at   the   Capitol  in   the   city   of  Albany 

[L  s]         this  thirty-first  day  of  March  in  the  year  of 

our  Lord  one  thousand  eight    hundred   and 

ninety-eight. 

FRANK  S.  BLACK 
By  the  Governor: 

WILLIAM  M.  GRIFFITH 

Private  Secretary 


CERTIFICATION  TO  THE  NECESSITY  OF  THE 
PASSAGE  OF  ASSEMBLY  BILL  No.  1881  —  A 
SUPPLY  BILL 

STATE  OF  NEW  YORK 

Executive  Chamber 
To  THE  LEGISLATURE: 

It  appearing  to  my  satisfaction  that  the  public  interest 
requires  it; 

Therefore  In  accordance  with  the  provisions  of  section 
fifteen  of  article  three  of  the  Constitution  and  by  virtue 
of  the  authority  thereby  conferred  upon  me.  I  do  hereby 
certify  to  the  necessity  of  the  immediate  passage  of 


260  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

Assembly  Bill  number  1881  entitled,  "An  act  making 
appropriations  for  certain  expenses  of  government  and 
supplying  deficiencies  in  former  appropriations." 

Given  under  my  hand  and  the  Privy  Seal  of  the 

State  at   the  Capitol  in  the  city  of  Albany 

[L  s]       this  thirty-first  day  of  March  in  the  year  of 

our  Lord  one  thousand  eight    hundred  and 

ninety-eight. 

FRANK  S.  BLACK 
By  the  Governor: 

WILLIAM  M.  GRIFFITH 

Private  Secretary 


CERTIFICATION  TO  THE  NECESSITY  OF  THE 
PASSAGE  OF  ASSEMBLY  BILL  INTRODUC- 
TORY No.  1372  — A  SUPPLY  BILL 

STATE  OF  NEW  YORK 

Executive  Chamber 
To  THE  LEGISLATURE: 

It  appearing  to  my  satisfaction  that  the  public  interest 
requires  it; 

Therefore  In  accordance  with  the  provisions  of  section 
fifteen  of  article  three  of  the  Constitution  and  by  virtue 
of  the  authority  thereby  conferred  upon  me,  I  do  hereby 
certify  to  the  necessity  of  the  immediate  passage  of 
Assembly  Bill  introductory  number  1372  entitled  "An 
act  making  appropriations  for  certain  expenses  of  gov- 


MESSAGE  OF  CERTIFICATION  261 

ernment  and  supplying  deficiencies  in  former  appropria- 
tions." 

Given  under  my  hand  and  the  Privy  Seal  of  the 

State  at   the  Capitol  in   the  city   of  Albany 

[L  s]        this  thirty-first  day  of  March  in  the  year  of 

our  Lord  one  thousand  eight    hundred  and 

ninety-eight. 

FRANK  S.  BLACK 
By  the  Governor: 

WILLIAM  M.  GRIFFITH 

Private  Secretary 


CERTIFICATION  TO  THE  NECESSITY  OF  THE 
PASSAGE  OF  ASSEMBLY  BILL  INTRODUC- 
TORY No.  1375  — APPROPRIATION  FOR  THE 
NATIONAL  GUARD 

STATE  OF  NEW  YORK 

Executive  Chamber 
To  THE  LEGISLATURE: 

It  appearing  to  my  satisfaction  that  the  public  interest 
requires  it ; 

Therefore  In  accordance  with  the  provisions  of  section 
fifteen  of  article  three  of  the  Constitution  and  by  virtue 
of  the  authority  thereby  conferred  upon  me,  I  do  hereby 
certify  to  the  necessity  of  the  immediate  passage  of 
Assembly  Bill  introductory  number  1375  entitled  "An 
act  making  an  appropriation  for  the  expenses  of  the 


262  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

national  guard,  the    naval    militia  and  volunteers  when 
called  into  service  for  the  public  defense." 

Given  under  my  hand  and  the  Privy  Seal  of  the 

State  at   the  Capitol   in   the   city   of  Albany 

[L  s]        this  thirty-first  day  of  March  in  the  year  of 

our  Lord  one  thousand  eight    hundred   and 

ninety-eight. 

FRANK  S.  BLACK 
By  the  Governor: 

WILLIAM  M.  GRIFFITH 

Private  Secretary 


CERTIFICATION  OF  THE  NECESSITY  OF  THE 
PASSAGE  OF  ASSEMBLY  BILL  INTRODUC- 
TORY No.  1373  — APPROPRIATION  FOR  THE 
SUPPORT  OF  THE  INSANE 

STATE  OF  NEW  YORK 

Executive  Chamber 
To  THE  LEGISLATURE: 

It  appearing  to  my  satisfaction  that  the  public  interest 
requires  it; 

Therefore  In  accordance  with  the  provisions  of  section 
fifteen  of  article  three  of  the  Constitution  and  by  virtue 
of  the  authority  thereby  conferred  upon  me,  I  do  hereby 
certify  to  the  necessity  of  the  immediate  passage  of 
Assembly  Bill  introductory  number  1373  entitled  "An  act 
to  appropriate  money  for  the  support  of  the  insane,  under 


SALARIES  OF  TEACHERS  —  VETO  263 

the  provisions  of  chapter  five  hundred  and  forty-five  of 
the  laws  of  eighteen  hundred  and  ninety-six." 

Given  under  my  hand  and  the  Privy  Seal  of  the 

State  at   the  Capitol  in   the  city  of  Albany 

[L  s]        this  thirty-first  day  of  March  in  the  year  of 

our  Lord  one  thousand  eight    hundred   and 

ninety-eight. 

FRANK  S.  BLACK 
By  the  Governor: 

WILLIAM  M.  GRIFFITH 

Private  Secretary 


VETO  OF  SENATE  BILL  No.  1071,  RELATING  TO 
SALARIES    OF    TEACHERS    IN    NEW    YORK 

CITY 

STATE  OF  NEW  YORK 

Executive  Chamber 

Albany,  April  29,   1898 

Memorandum  filed  until  Senate  Bill  No.  1071,  entitled  "An  act 
to  amend  chapter  three  hundred  and  seventy  eight  of  the  laws 
of  eighteen  hundred  and  ninety-seven,  entitled  'An  act  to  unite 
into  one  municipality,  under  the  corporate  name  of  The  City  of 
New  York,  the  various  communities,  lying  in  and  about  New 
York  harbor,  the  city  of  Brooklyn  and  the  county  Kings,  the 
county  of  Richmond  and  part  of  the  county  of  Queens,  and  to 
provide  for  the  government  thereof  ' ,  relative  to  the  salaries 
of  teachers  in  the  public  schools  "  -  Not  approved 
This  bill  is  designed  to  fix  and  regulate  the  salaries  of 
teachers  in  the  public  schools  of  New  York.  Last  year 
the  Legislature  passed  the  Greater  New  York  Charter. 


264  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

One  of  the  fundamental  ideas  in  that  instrument  was 
local  self  government.  It  had  long  been  a  habit  if  not  a 
necessity  for  the  city  to  demand  state  legislation  upon 
matters  which  should  have  been  solely  within  the  city's 
control.  The  new  Charter  was  framed  by  men  of  the 
highest  eminence  and  skill,  and  they  sought  to  correct 
the  unwise  practice  I  have  named.  Their  success  was 
considerable  if  not  complete.  It  is  at  least  certain  that 
they  succeeded  in  placing  the  subject  upon  which  legis- 
lation is  now  asked  wholly  within  the  power  of  the  city 
authorities.  Section  fifty-six  of  the  New  York  Charter 
gays  that  "  The  municipal  assembly  shall  have  power  upon 
the  recommendation  of  the  board  of  estimate  and  appor- 
tionment to  fix  the  salary  of  any  officer  or  person  whose 
compensation  is  paid  out  of  the  city  treasury  ".  The 
right  to  fix  the  pay  of  teachers  is  by  section  ten  hundred 
and  ninety-one,  conferred  in  the  first  instance  upon  the 
school  board.  But  the  section  from  which  I  have  quoted 
gives  the  board  of  estimate  and  apportionment  and  the 
municipal  assembly,  if  in  accord,  the  control  of  that  sub- 
ject, without  regard  to  the  board  of  education.  There 
is,  therefore,  no  reason  or  excuse  for  an  application  to 
the  legislature.  There  is  no  community  in  the  state 
which  at  this  minute  is  more  wedded  to  the  doctrine  of 
home  rule  than  the  city  of  New  York.  Having  the  power 
to  act,  the  city  should  take  the  responsibility.  The 
authorities  there  know  the  exact  condition  of  the  city's 
affairs,  its  needs  and  limitations,  and  the  wishes  of  its 


SUPPLY  BILL  —  MEMORANDUM  265 

people.  I  understand  the  local  government  believes  the 
constitutional  debt  limit  of  the  city  has  already  been 
exceeded.  If  that  is  true,  the  city  itself  shall  decide 
whether  it  will  hazard  a  further  increase.  At  all  events 
such  increase  should  not  be  arbitrarily  made  by  the  state. 
I  believe  the  teachers  in  New  York  are  not  paid  as 
they  ought  to  be.  The  plan  now  in  use  by  the  school 
board  will  increase  these  salaries  and  bestow  some  measure 
of  long  delayed  justice  upon  the  most  meritorious  and 
worst  paid  class  of  public  servants.  But  if  the  teachers 
believe  that  the  plan  of  the  board  of  education  will  not 
deal  with  them  fairly  they  should  apply  to  the  municipal 
assembly  in  which  upon  the  recommendation  of  the  board 
of  estimate,  ample  authority  now  rests. 

FRANK  S.  BLACK 


MEMORANDUM  FILED  WITH  ITEMS  IN  AS- 
SEMBLY BILL  No.  1881— THE  SUPPLY  BILL 
—  NOT  APPROVED 

STATE  OF  NEW  YORK 
Executive  Chamber 

Albany,  April  29,   1898 

Statement  of  items  of  appropriations  objected  to  and  not  approved 
contained  in  Assembly  Bill  number  1881  entitled  "An  act  mak- 
ing appropriations  for  certain  c.vpenscs  of  government  and 
supplying  deficiencies  in  former  appropriations "  —  Not  ap- 
proved 

The  several  items  herein  enumerated  contained  in  As- 
sembly bill  number  1881  entitled  "An  act  making  appro- 


266  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

priations  for  certain  expenses  of  government  and  supply- 
ing deficiencies  in  former  appropriations  ",  are  objected 
to  and  not  approved  for  the  reasons  hereinafter  stated. 

First:  "And  there  is  also  appropriated  fo-r  the  salaries 
and  expenses  of  experts,  for  the  year  eighteen  hundred 
and  ninety-eight,  the  sum  of  three  thousand  two  hundred 
dollars,  or  so  much  thereof  as  may  be  necessary,  the 
amounts  herein  appropriated  to  be  paid  from  the  funds 
collected  from  the  said  associations  ". 

This  item  refers  to  the  payment  of  the  salaries  and 
expenses  of  experts  for  the  examination  of  the  books  of 
incorporated  racing  associations.  The  supplemental 
supply  bill  already  approved  contains  an  item  providing 
for  the  salaries  and  expenses  of  such  experts  and  which 
is  intended  to  be  sufficient  for  that  purpose. 

Second:  "The  sum  of  five  thousand  dollars,  or  so 
much  thereof  as  may  be  necessary,  is  hereby  appropriated 
from  the  canal  fund  to  pay  for  the  services  and  disburse- 
ments incurred  by  the  agent  employed  by  the  Superin- 
tendent of  Public  Works  on  request  of  the  Attorney 
General,  as  provided  in  section  two  hundred  and  seventy 
of  the  code  of  civil  procedure  in  defense  of  claims  against 
the  State,  on  account  of  the  canals;  such  sum  to  be  ad- 
vanced to  said  agent  by  the  Comptroller  upon  his  filing 
with  the  Comptroller  a  good  and  sufficient  bond  in  the 
sum  of  ten  thousand  dollars  for  the  same.  But  no  ac- 
count for  such  services,  disbursements  and  expenses  shall 
be  paid  until  the  same  has  been  presented  to  and  approved 
by  the  canal  board  ". 

This  is  a  duplication  of  an  item  in  the  general  appro- 
priation bill  already  approved,  and  that  appropriation  is 


SUPPLY  BILL  —  MEMORANDUM  267 

deemed  sufficient  for  the  purpose  indicated.      The  item 
in  this  bill  is  therefore  unnecessary. 

Third:  "  For  the  Superintendent  of  the  State  Land 
Survey,  for  surveying  and  fixing  the  line  between  the 
counties  of  Herkimer  and  Lewis  with  the  general  work 
of  the  State  Land  Survey,  the  sum  of  ten  thousand  dol- 
lars, or  so  much  thereof  as  may  be  necessary,  payable  out 
of  the  appropriation  of  twenty-five  thousand  dollars  to 
said  Superintendent  for  continuing  the  work  of  the  State 
Land  Survey  for  the  years  eighteen  hundred  and  ninety- 
eight  and  eighteen  hundred  and  ninety-nine,  and  the  said 
Superintendent  is  hereby  directed  to  survey,  establish  and 
mark  said  county  line  ". 

It  seems  that  the'location  of  the  boundary  line  between 
the  counties  of  Herkimer  and  Lewis  is  in  dispute,  and 
this  appropriation  is  made  for  the  purpose  of  having  a 
line  established  by  the  Superintendent  of  the  State  Land 
Survey.  I  am  informed  that  the  boards  of  supervisors 
of  the  counties  affected  are  negotiating  for  an  amicable 
adjustment  of  the  line  and  that  the  controversy  will  prob- 
ably soon  be  settled.  In  view  of  this  probability  it  does 
not  seem  necessary  to  expend  this  money  now.  Besides, 
the  amount  intended  to  be  here  appropriated  is  taken 
from  the  appropriation  to  the  Superintendent  for  con- 
tinuing the  work  of  the  State  Land  Survey.  The  amount 
appropriated  for  that  purpose  seems  none  too  large  and 
should  not  be  diminished  as  authorized  by  this  item. 

FRANK  S.  BLACK 


268     PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

OMNIBUS  VETO  — LIST  OF  BILLS  REMAINING 

UNSIGNED 

STATE  OF  NEW  YORK 
Executive  Chamber 

Albany,  May  2,  1898 

The  following  bills  remaining  in  my  hands  and  previ- 
ously undisposed  of  are  not  approved  because  of  defective 
drafting,  questionable  propriety  objectionable  provisions, 
duplication  of  bills  already  signed,  non-action  by  the  cities 
which  they  affect  as  is  required  by  the  Constitution,  or 
non-approval  by  the  mayors  of  the  cities  which  they  affect 
within  the  fifteen  days  specified  by  the  Constitution. 

FRANK  S.  BLACK 

Assembly  Bill  No.  1699,  entitled  "An  act  to  re-appro- 
priate money  for  expenses,  repairs  and  betterments  of 
the  state  armory  at  Newburgh,  New  York,  as  provided 
for  by  chapter  nine  hundred  and  forty-nine  of  the  laws  of 
eighteen  hundred  and  ninety-six." 

Assembly  Bill  No.  1765,  entitled  "An  act  to  provide 
for  an  investigation  into  the  causes  of  contagious  abortion 
in  cows  and  the  best  means  of  its  prevention  in  the  dairy 
herds  of  the  State." 

Senate  Bill  No.  533,  entitled  "An  act  to  confer  juris- 
diction upon  the  court  of  claims  to  hear,  audit  and  deter- 
mine the  alleged  claim  of  Irving  F.  Cragin  against  the 


OMNIBUS  VETO  269 

state  for  damages  alleged  to  have  been  sustained  by  him, 
and  to  render  judgment  therefor." 

Senate  Bill  No.  919,  entitled  "An  act  to  authorize  the 
court  of  claims  to  hear,  audit  and  determine  alleged  claims 
for  military  uniforms  and  repairs  thereto,  for  the  national 
guard  of  the  state  of  New  York,  and  to  make  an  award 
therefor." 

Senate  Bill  No.  1094,  entitled,  "An  act  to  confer  juris- 
diction upon  the  court  of  claims  to  hear,  audit  and  deter- 
mine the  alleged  claim  of  James  Hall  against  the  state 
for  damages  alleged  to  have  been  sustained  by  him,  and 
to  render  judgment  therefor." 

Assembly  Bill  No.  1416,  entitled,  "An  act  conferring 
jurisdiction  upon  the  state  court  of  claims  to  hear,  audit 
and  determine  the  claims  of  the  several  counties  for  the 
value  of  county  insane  asylums." 

Assembly  Bill  No.  1734,  entitled,  "An  act  to  provide 
for  a 'hearing  of  the  claims  of  J.  W.  Van  Slyke  and  others 
for  work  done  and  sen-ices  performed  for  the  state  under 
the  provision  of  chapter  five  hundred  and  seventy-seven 
of  the  laws  of  eighteen  hundred  and  sixty-four." 

Assembly  Bill  No.  1747,  entitled,  "An  act  to  provide 
for  the  maintenance  and  government  of  the  public  schools 
of  the  city  of  Jamestown." 

Assembly  Bill  No.  1756.  entitled,  "An  act  to  amend 
chapter  eighty-four  of  the  laws  of  eighteen  hundred  and 
eighty-six,  entitled  'An  act  to  incorporate  the  city  of 
Jamestown,'  as  amended  by  chapter  one  hundred  and 


270  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

thirty-four  of  the  laws  of  eighteen  hundred  and  ninety, 
and  further  amended  by  chapter  nine  hundred  and  eighty- 
one  of  the  laws  of  eighteen  hundred  and  ninety-six,  in 
relation  to  the  acquisition  of  property  for  water  purposes." 

Senate  Bill  No.  934,  entitled,  "An  act  to  incorporate 
the  city  of  New  Rochelle." 

Assembly  Bill  No.  1825,  entitled,  "An  act  to  amend 
chapter  six  hundred  and  thirty-five  of  the  laws  of  eighteen 
hundred  and  ninety-five,  entitled  'An  act  to  revise  the 
charter  of  the  city  of  Yonkers.'  ' 

Senate  Bill  No.  271,  entitled,  "An  act  to  amend  section 
thirteen  hundred  and  fifty-three  of  chapter  three  hundred 
and  seventy-eight  of  the  laws  of  eighteen  hundred  and 
ninety-seven,  entitled,  'An  act  to  unite  into  one  munici- 
pality, under  the  corporate  name  of  The  City  of  New 
York,  the  various  communities  lying  in  and  about  New 
York  harbor,  including  the  city  and  county  of  New  York, 
the  city  of  Brooklyn  and  the  county  of  Kings,  the  county 
of  Richmond  and  part  of  the  county  of  Queens,  and  to 
provide  for  the  government  thereof,'  relative  to  the  mu- 
nicipal court." 

Senate  Bill  No.  1748,  entitled,  "An  act  to  amend  chap- 
ter six  hundred  and  eighty-two  of  the  laws  of  eighteen 
hundred  and  ninety-seven,  entitled.  'An  act  for  licensing 
and  regulating  bonds  of  auctioneers  in  cities  of  one  million 
and  over.'  " 


OMNIBUS  VETO  271 

Senate  Bill  No.  586,  entitled,  "An  act  to  amend  section 
twenty-five  of  chapter  six  hundred  and  one  of  the  laws 
of  eighteen  hundred  and  ninety-five,  entitled  'An  act  in 
relation  to  the  inferior  courts  of  criminal  jurisdiction  in 
the  city  and  county  of  New  York.'  ' 

Senate  Bill  No.  882,  entitled,  "An  act  to  amend  section 
fourteen  hundred  and  three  of  chapter  three  hundred  and 
seventy-eight  of  the  laws  of  eighteen  hundred  and  ninety- 
seven,  entitled,  'An  act  to  unite  into  one  municipality, 
under  the  corporate  name  of  The  City  of  New  York,  the 
various  communities  lying  in  and  about  New  York  harbor, 
including  the  city  and  county  of  New  York,  the  city  of 
Brooklyn  and  the  county  of  Kings,  the  county  of  Rich- 
mond and  part  of  the  county  of  Queens,  and  to  provide 
for  the  government  thereof,'  relating  to  the  qualifications 
of  justices  of  the  court  of  special  sessions  and  city  magis- 
trates." 

Senate  Bill  No.  1071,  entitled,  "An  act  to  amend 
chapter  three  hundred  and  seventy-eight  of  the  laws  of 
eighteen  hundred  and  ninety-seven,  entitled  'An  act  to 
unite  into  one  municipality  under  the  corporate  name  of 
The  City  of  New  York,  the  various  communities  lying 
in  and  about  New  York  harbor,  the  city  of  Brooklyn  and 
the  county  of  Kings,  the  county  of  Richmond  and  part 
of  the  county  of  Queens,  and  to  provide  for  the  govern- 
ment thereof,'  relative  to  the  salaries  of  teachers  in  public 
schools." 


272  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

Assembly  Bill  No.  421,  entitled,  "An  act  relating  to 
the  payment  of  officers  of  election  in  the  city  and  county 
of  New  York." 

Assembly  Bill  No.  725,  entitled,  "An  act  to  amend  sec- 
tion thirteen  hundred  and  sixty-nine  of  '  The  Greater 
New  York  Charter,'  in  relation  to  the  municipal  court." 

Assembly  Bill  No.  1507,  entitled,  "An  act  to  amend 
section  nine  hundred  and  fifty-six  of  the  code  of  civil 
procedure  in  reference  to  documentary  evidence." 

Assembly  Bill  No.  1627,  entitled,  "An  act  to  amend 
section  seventeen  hundred  and  seventy-one  of  the  code 
of  civil  procedure." 

Senate  Bill  No.  527,  entitled,  "An  act  to  amend  sections 
twenty-six  hundred  and  sixty  and  twenty-six  hundred  and 
sixty-nine  of  the  code  of  civil  procedure,  relating  to  the 
grant  of  letters  of  administration." 

Assembly  bill  No.  1015,  entitled,  "An  act  to  amend 
section  twenty-eight  hundred  and  sixty-eight  of  the  code 
of  civil  procedure,  relative  to  rooms  in  which  justices' 
courts  may  be  held." 

Senate  Bill  No.  591,  entitled,  "An  act  to  amend  section 
thirty-two  hundred  and  twenty-eight  of  the  code  of  civil 
procedure  relating  to  the  awarding  of  costs." 

Senate  Bill  No.  1025,  entitled,  "An  act  to  amend  the 
penal  code,  relating  to  the  sale  of  poisonous  substances 
by  druggists  and  pharmacists  upon  physicians  prescrip- 
tions." 


OMNIBUS  VETO  273 

Assembly  Bill  No.  1652,  entitled,  "An  act  to  amend 
section  five  hundred  and  forty-four  of  the  penal  code  re- 
lating to  larceny  by  false  pretence." 

Assembly  Bill  No.  54,  entitled,  "An  act  to  amend  sec- 
tion six  hundred  and  forty  of  the  penal  code,  to  prevent 
the  desecration,  mutilation  or  improper  use  of  the  flag 
of  the  United  States,  or  of  this  state." 

Assembly  Bill  No.  1159,  entitled,  "An  act  to  amend 
section  six  hundred  and  sixteen  of  the  code  of  criminal 
procedure,  in  relation  to  witnesses'  fees." 

Senate  Bill  No.  616,  entitled,  "An  act  to  amend  sec- 
tions seven  hundred  and  seventy-three,  seven  hundred  and 
seventy-four,  seven  hundred  and  seventy-seven,  seven 
hundred  and  eighty  and  seven  hundred  and  eighty-one  of 
the  code  of  criminal  procedure,  relating  to  coroners  and 
abolishing  coroners'  juries." 

Assembly  Bill  No.  1632,  entitled,  "An  act  to  amend 
section  nine  hundred  and  forty-three  of  the  code  of  crim- 
inal procedure,  relating  to  the  duties  of  county  clerks,  et 
cetera." 

Assembly  Bill  No.  1742,  entitled.  "An  act  for  the  relief 
of  the  Mount  Sinai  Hospital  of  The  City  of  New  York, 
and  to  authorize  the  change  of  a  lease  from  the  mayor, 
aldermen  and  commonalty  of  The  City  of  New  York  to 
the  Mount  Sinai  Hospital  to  a  grant  and  to  authorize 
the  sale  or  leasing  of  the  said  property  by  the  Mount 
Sinai  Hospital." 


274  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

Assembly  Bill  No.  1083,  entitled,  "An  act  to  incorpo- 
rate '  The  New  York  Mutual  Title  Insurance  Company.'  ' 

Assembly  Bill  No.  1588,  entitled,  "An  act  concerning 
certain  corporations." 

Assembly  Bill  No.  836,  entitled,  "An  act  exempting 
Clinton  county  from  certain  provisions  of  the  highway 
law,  relative  to  commissioners  appointed  for  the  purpose 
of  laying  out  highways." 

Senate  Bill  No.  905,  entitled,  "An  act  fixing  the  term 
of  office  of  the  coroner  of  Erie  county  elected  at  the 
annual  election  held  in  the  year  eighteen  hundred  and 
ninety-six,  and  providing  for  the  election  of  his  successor." 

Senate  Bill  No.  958,  entitled,  "An  act  to  amend  sections 
two  and  three  of  chapter  one  hundred  and  seventy-three 
of  the  laws  of  eighteen  hundred  and  ninety-five,  entitled, 
'An  act  fixing  the  fiscal  year,  providing  for  a  county 
auditor,  and  regulating  the  purchase  of  supplies  for  the 
county  institutions  and  officers  of  the  county  of  Erie,' 
passed  March  twenty-eighth,  eighteen  hundred  and  ninety- 
five,  in  relation  to  the  election  of  county  auditor  in  Erie 
county." 

Senate  Bill  No.  1142,  entitled,  "An  act  in  relation  to 
the  keeper  of  the  hall  of  records  in  the  county  of  Kings." 

Senate  Bill  No.  546,  entitled,  "An  act  further  to  pro- 
vide for  the  office  of  inspector  of  construction,  alteration 
and  repairs  of  public  buildings  in  the  county  of  Kings, 
and  to  define  certain  powers  and  duties." 


OMNIBUS  VETO  275 

Assembly  Bill  No.  348,  entitled,  "An  act  to  regulate 
the  practice  of  midwifery  in  Montgomery  county,  by 
others  than  legally  authorized  physicians." 

Assembly  Bill  No.  1688,  entitled,  "An  act  to  amend 
chapter  three  hundred  and  twenty-five  of  the  laws  of 
eighteen  hundred  and  ninety-seven,  entitled  "An  act  pro- 
viding for  a  system  of  county  roads  in  the  county  of 
Orange,'  relating  to  streets  and  highways  in  cities  and 
villages." 

Assembly  Bill  No.  42,  entitled,  "An  act  to  provide  for 
the  holding  of  annual  town  meetings  and  elections  in  the 
towns  in  the  county  of  Putnam." 

Assembly  Bill  No.  1648,  entitled,  "An  act  to  amend 
chapter  two  hundred  and  sixty-eight  of  the  laws  of  eigh- 
teen hundred  and  seventy-seven,  entitled  'An  act  in 
relation  to  the  collection  of  taxes  and  the  sales  of  land 
therefor  in  certain  towns  of  Queens  county,'  as  amended 
by  chapter  two  hundred  and  twenty-six  of  the  laws  of 
eighteen  hundred  and  seventy-eight." 

Assembly  Bill  No.  1480,  entitled,  "An  act  to  authorize 
and  direct  the  town  clerks  of  the  several  towns  of  West- 
chester  county,  in  which  there  is  no  historical  society, 
to  deliver  certain  books,  maps  and  documents  to  the 
Historical  Society  of  Westchester  County." 

Assembly  Bill  No.  1481,  entitled,  "An  act  to  provide 
for  indexing  and  reindexing  conveyances,  mortgages  and 
other  instruments  relating  to  lands  and  liens  thereon  in 
the  county  of  Westchester." 


276  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

Senate  Bill  No.  220,  entitled,  "An  act  to  amend  the 
fisheries  and  forest  law,  in  relation  to  powers  and  duties 
of  protectors  and  foresters." 

Assembly  Bill  No.  1512,  entitled,  "An  act  to  amend 
chapter  ten  of  the  laws  of  eighteen  hundred  and  fifty-nine, 
entitled  'An  act  to  amend  an  act  entitled  'An  act  to  revise, 
amend  and  consolidate  the  several  acts  relating  to  the 
village  of  Whitesborough,'  '  as  amended  by  chapter  five 
hundred  and  thirty-nine  of  the  laws  of  eighteen  hundred 
and  eighty-four,  relative  to  fixing  the  boundary  lines  of 
said  village." 

Senate  Bill  No.  1736,  entitled,  "An  act  to  amend  the 
fisheries,  game  and  forest  law,  relating  to  taking  sturgeon 
with  set  lines  in  part  of  the  waters  of  the  Thousand 
Islands." 

Assembly  Bill  No.  1624,  entitled,  "An  act  to  amend  an 
act  for  the  protection,  preservation  and  propagation  of 
birds,  fish  and  wild  animals  in  the  state  of  New  York  and 
the  different  counties  thereof." 

Senate  Bill  No.  737,  entitled,  "An  act  to  amend  section 
fifty-two  of  chapter  three  hundred  and  thirty-eight,  laws 
of  eighteen  hundred  and  ninety-three,  entitled  'An  act 
in  relation  to  agriculture,  constituting  articles  one,  two, 
three,  four,  five,  six  and  seven  of  chapter  thirty-three  of 
the  general  laws,'  relative  to  cider-vinegar." 

Assembly  Bill  No.  439,  entitled,  "An  act  to  amend 
chapter  six  hundred  and  eighty-six  of  the  laws  of  eighteen 
hundred  and  ninety-two,  entitled  'An  act  in  relation  to 


OMNIBUS  VETO  277 

counties,  constituting  chapter  eighteen  of  the  general 
laws  ',  relative  to  employment  of  counsel  by  a  district 
attorney." 

Assembly  Bill  No.  648,  entitled,  "An  act  to  amend  the 
county  law,  in  relation  to  business  hours  in  clerks'  offices." 

Assembly  Bill  No.  1136,  entitled,  "'An  act  to  amend 
the  county  law,  as  amended  by  chapters  one  hundred  and 
fifty  and  seven  hundred  and  eighteen  of  the  laws  of  eigh- 
teen hundred  and  ninety-five,  relating  to  sheriffs'  office; 
time  of  keeping  open." 

Senate  Bill  No.  134,  entitled,  "An  act  to  amend  chapter 
nine  hundred  and  nine  of  the  laws  of  eighteen  hundred 
and  ninety-six,  entitled  'An  act  in  relation  to  the  elections, 
constituting  chapter  six  of  the  general  laws,'  and  to  add 
another  section  thereto." 

Senate  Bill  No.  608,  entitled,  "An  act  to  amend  the 
election  law,  relating  to  the  division  and  alteration  in 
election  districts." 

Assembly  Bill  No.  393,  entitled,  "An  act  to  amend 
the  election  law,  relating  to  the  designation  of  places  of 
registry  and  voting  in  towns." 

Assembly  Bill  No.  1240,  entitled.  "An  act  to  amend 
chapter  nine  hundred  and  nine  of  the  laws  of  eighteen 
hundred  and  ninety-six,  known  as  the  election  law,  and 
entitled,  'An  act  in  relation  to  the  elections,  constituting 
chapter  six  of  the  general  laws,'  as  amended  by  chapter 
three  hundred  and  seventy-nine  of  the  laws  of  eighteen 
hundred  and  ninety-seven." 


278  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

Senate  Bill  No.  817,  entitled,  "An  act  to  amend  section 
fifteen  of  the  general  corporation  law,  relating  to  cer- 
tificate of  authority  of  a  foreign  corporation." 

Assembly  Bill  No.  1158,  entitled,  "An  act  to  amend 
chapter  six  hundred  and  eighty-seven  of  the  laws  of 
eighteen  hundred  and  ninety-two,  entitled  'An  act  to 
amend  the  general  corporation  law,'  in  relation  to  boards 
of  directors." 

Assembly  Bill  No.  816,  entitled,  "An  act  to  amend  the 
highway  law,  relative  to  commutations  of  labor  on  high- 
ways." 

Assembly  Bill  No.  1370,  entitled,  "An  act  to  amend 
the  highway  law,  and  the  acts  amendatory  thereof,  in 
relation  to  the  pay  of  commissioners  appointed  by  court 
to  assess  the  damages  for  laying  out  a  highway." 

Assembly  Bill  No.  1408,  entitled,  "An  act  to  amend 
chapter  five  hundred  and  sixty-eight  of  the  laws  of  eigh- 
teen hundred  and  ninety,  entitled  'An  act  in  relation  to 
highways,  constituting  chapter  nineteen  of  the  general 
laws,'  and  the  acts  amendatory  thereof,  in  reference  to 
county  roads." 

Assembly  Bill  No.  1644,  entitled,  "An  act  to  amend 
the  highway  law,  in  relation  to  serving  notice  of  meeting 
of  commissioners  to  determine  the  necessity  for  laying 
out  highways  and  assess  damages." 

Senate  Bill  No.  433,  entitled,  "An  act  to  amend  section 
ninety-two  of  chapter  six  hundred  and  ninety  of  the  laws 


OMNIBUS  VETO  279 

of  eighteen  hundred  and  ninety-two,  entitled  'An  act  in 
relation  to  insurance  corporations.'  ' 

Senate  Bill  No.  827,  entitled,  "An  act  to  amend  the 
labor  law,  relating  to  the  designation  of  deputy  factory 
inspectors  for  the  enforcement  of  provisions  of  such  law 
concerning  the  employment  of  labor  on  public  works." 

Assembly  Bill  No.  1718,  entitled,  "An  act  to  amend 
the  labor  law,  relating  to  the  determination  of  what  con- 
stitutes the  prevailing  rate  of  wages  to  be  paid  to  em- 
ployes on  public  works." 

Senate  Bill  No.  604,  entitled,  "An  act  to  amend  the  lien 
law,  relating  to  contracts  for  the  conditional  sale  of  goods 
and  chattels." 

Senate  Bill  No.  759,  entitled,  "An  act  to  amend  the 
lien  law,  in  relation  to  sales  of  personal  property  to  satisfy 
liens." 

Assembly  Bill  No.  906,  entitled,  "An  act  to  amend  the 
lien  law,  in  relation  to  the  filing  of  notice." 

Assembly  Bill  No.  1498,  entitled,  "An  act  to  amend 
sections  eighty-one  and  eighty-two  of  chapter  four  hun- 
dred and  eighteen  of  the  laws  of  eighteen  hundred  and 
ninety-seven,  entitled  'An  act  in  relation  to  liens,  con- 
stituting chapter  forty-nine  of  the  general  laws.'  ' 

Senate  Bill  No.  1027,  entitled,  "An  act  to  amend  chap- 
ter one  hundred  and  twelve  of  the  laws  of  eighteen  hun- 
dred and  ninety-six,  entitled  'An  act  in  relation  to  the 
traffic  in  liquors,  and  for  the  taxation  and  regulation  of 


280  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

the  same,  and  to  provide  for  local  option,  constituting 
chapter  twenty-nine  of  the  general  laws,'  as  amended  by 
chapter  three  hundred  and  twelve  of  the  laws  of  eighteen 
hundred  and  ninety-seven." 

Assembly  Bill  No.  1057,  entitled,  "An  act  to  amend 
section  ninety-five  of  the  railroad  law,  chapter  thirty-nine 
of  the  general  laws,  relative  to  payment  of  percentages 
by  street  surface  railway  corporations  in  cities." 

Assembly  Bill  No.  1278,  entitled,  "An  act  to  amend 
the  railroad  law,  and  the  acts  amendatory  thereof,  gen- 
erally." 

Senate  Bill  No.  951,  entitled,  "An  act  to  amend  the 
stock  corporation  law,  in  relation  to  the  alteration  or 
extension  of  business." 

Senate  Bill  No.  739,  entitled,  "An  act  to  amend  sec- 
tions one  hundred  and  fifty  and  one  hundred  and  fifty-one 
of  chapter  nine  hundred  and  eight  of  the  laws  of  eighteen 
hundred  and  ninety-six,  entitled  the  '  tax  law,'  in  relation 
to  tax  sales." 

Assembly  Bill  No.  916,  entitled,  "An  act  to  amend  the 
town  law,  in  relation  to  the  qualification  of  assessors." 

Assembly  Bill  No.  369,  entitled,  "An  act  to  amend 
chapter  four  hundred  and  fourteen  of  the  laws  of  eighteen 
hundred  and  ninety-seven,  entitled  'An  act  in  relation  to 
villages,  constituting  chapter  twenty-one  of  the  general 
laws,'  in  relation  to  furnishing  \vater  to  other  munici- 
palities." 


OMNIBUS  VETO  281 

Assembly  Bill 'No.  1267,  entitled,  "An  act  to  amend 
the  village  law,  in  relation  to  the  population  requisite  to 
incorporate." 

Senate  Bill  No.  312,  entitled,  "An  act  to  mature  debts 
owing  by  insolvents." 

Senate  Bill  No.  337,  entitled,  "An  act  to  amend  chapter 
three  hundred  and  seventy-one  of  the  laws  of  eighteen 
hundred  and  ninety-six,  entitled  'An  act  to  authorize  the 
issuing  of  licenses  to  honorably  discharged  soldiers,  sailors 
and  marines  for  hawking,  peddling  and  vending  of  mer- 
chandise within  this  state,'  by  extending  the  same  to 
volunteer  firemen." 

Senate  Bill  No.  653,  entitled,  "An  act  relating  to  rates 
of  fare  on  street  surface  railroads  overcoming  an  elevation 
of  four  hundred  and  fifty  feet  or  more  within  a  distance 
of  one  and  a  half  miles  or  less,  in  villages  and  cities  of  the 
third  class." 

Senate  Bill  No.  669,  entitled,  "An  act  to  amend  chapter 
ninety-one  of  the  laws  cf  eighteen  hundred  and  ninety- 
two,  entitled  'An  act  to  amend  chapter  four  hundred  and 
ninety-eight  of  the  laws  of  eighteen  hundred  and  seventy- 
two,  entitled  'An  act  for  the  protection  of  livery  stables 
keepers  and  other  persons  keeping  horses  at  livery  and 
pasture,'  as  amended  by  chapter  one  hundred  and  forty- 
five  of  the  laws  of  eighteen  hundred  and  eighty,'  so  as 
to  create  a  lien  upon  harness,  trucks  and  other  vehicles." 

Senate  Bill  No.  1052,  entitled,  "An  act  to  regulate  the 


282  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

use  of  bicycles,  and  to  prevent  discrimination  in  ordi- 
nances affecting  the  same." 

Assembly  Bill  No.  378,  entitled,  "An  act  relating  to 
the  adult  blind  in  cities." 

Assembly  Bill  No.  721,  entitled,  "An  act  to  amend 
chapter  one  hundred  and  ninety-four  of  the  laws  of  eigh- 
teen hundred  and  ninety-seven,  entitled  'An  act  creating 
a  commissioner  of  jurors  for  each  county  of  the  state 
having  a  population  of  more  than  one  hundred  and  fifty 
thousand  and  less  than  one  hundred  and  ninety  thousand, 
and  regulating  and  prescribing  his  duties.'  ' 

Assembly  Bill  No.  1291,  entitled,  "An  act  requiring 
any  person,  persons  or  association  of  persons  doing  busi- 
ness as  private  bankers  in  any  city  of  the  first  class  in  this 
state,  to  file  bonds  for  the  security  of  certain  depositors." 

Assembly  Bill  No.  1582,  entitled,  "An  act  to  amend 
chapter  four  hundred  and  ninety  of  the  laws  of  eighteen 
hundred  and  eighty-five,  entitled  'An  act  concerning 
tramps,'  in  relation  to  their  punishment." 

Assembly  Bill  No.  1353,  entitled,  "An  act  to  provide 
for  the  better  administration  of  justice  in  the  town  of 
Frankfort,  in  the  county  of  Herkimer,  and  state  of  New 
York." 

Senate  Bill  No.  1090,  entitled,  "An  act  to  amend  sec- 
tion six  of  chapter  fifty-five  of  the  laws  of  eighteen  hun- 
dred and  seventy-nine,  entitled  'An  act  to  provide  for  the 
election  of  a  police  justice  in  the  town  of  Waterford, 
county  of  Saratoga.' ' 


OMNIBUS  VETO  283, 

Senate  Bill  No.  1123,  entitled  "An  act  to  authorize  and 
require  the  town  of  Cortlandt,  in  the  county  of  West- 
chester,  to  pay  to  the  village  of  Croton-on-the-Hudson 
the  highway  tax  to  be  collected  from  property  within 
the  corporate  limits  of  said  village." 

Assembly  Bill  No.  1553,  entitled,  "An  act  to  amend 
chapter  three  hundred  and  seventy-eight  of  the  laws  of 
eighteen  hundred  and  ninety-seven,  entitled  'An  act  to 
unite  into  one  municipality,  under  the  corporate  name 
of  The  City  of  New  York,  the  various  communities  lying 
in  and  about  New  York  harbor,  including  the  city  and 
county  of  New  York,  the  city  of  Brooklyn  and  the  county 
of  Kings,  the  county  of  Richmond  and  part  of  the  county 
of  Queens,  and  to  provide  for  the  government  thereof.  ' 

Assembly  Bill  No.  1583,  entitled,  "An  act  to  provide 
for  the  transfer  of  a  certain  plot  of  land  in  the  borough 
of  Brooklyn,  City  of  New  York,  to  the  Brooklyn  Free 
Library." 

Assembly  Bill  No.  1621,  entitled,  "An  act  to  amend 
chapter  six  hundred  and  seventy-two  of  the  laws  of  eigh- 
teen hundred  and  ninety  seven,  entitled  'An  act  to  amend 
chapter  four  hundred  and  ten  of  the  laws  of  eighteen 
hundred  and  eighty-two,  entitled  'An  act  to  consolidate 
into  one  act  and  to  declare  the  special  and  local  laws 
affecting  public  interests  in  the  city  of  New  York.'  as 
amended  by  chapters  eighty-four  and  two  hundred  and 
eighty-eight  of  the  laws  of  eighteen  hundred  and  eighty- 


284  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

seven,  and  by  chapter  two  hundred  and  thirty-eight  of 
the  laws  of  eighteen  hundred  and  ninety-two,  and  by 
chapter  five  hundred  and  sixty-seven  of  the  laws  of  eigh- 
teen hundred  and  ninety-five,  and  otherwise  so  as  to  pro- 
vide for  the  improvement  of  tenements  and  lodging 
houses." 

Assembly  Bill  No.  1694,  entitled,  "An  act  in  relation 
to  the  proceeds  of  sale  of  school  lands  in  the  borough 
of  Brooklyn,  New  York." 

Assembly  Bill  No.    1822,  entitled,   "An  act   to  amend 

chapter  five  hundred  and  forty-one  of  the  laws  of  eighteen 
hundred  and  ninety-seven." 

Senate  Bill  No.  509,  entitled,  "An  act  to  authorize 
further  appropriations  for  the  maintenance  of  the  Ameri- 
can Museum  of  Natural  History  in  The  City  of  New 
York." 

Assembly  Bill  No.  945,  entitled,  "An  act  to  amend 
chapter  one  hundred  and  seventy-two  of  the  laws  of 
eighteen  hundred  and  ninety,  relating  to  the  Brooklyn 
institute  of  Arts  and  Sciences." 

Assembly  Bill  No.  1534,  entitled,  "An  act  in  relation 
to  the  house  of  worship  of  a  religious  corporation  known 
as  The  Congregation  Mishkan  Israel  Anshe  Suwalker  in 
The  City  of  New  York." 

Senate  Bill  No.  421,  entitled  "An  act  to  exempt  the 
real  estate  of  the  House  of  the  Good  Shepherd  from  taxa- 
tion, assessment  and  water  rates." 


OMNIBUS  VETO  285 

Senate  Bill  No.  1081,  entitled,  "An  act  in  relation  to 
Clinton  avenue,  in  the  borough  of  Brooklyn,  in  The  City 
of  New  York." 

Assembly  Bill  No.  1260,  entitled,  "An  act  to1  release 
from  assessments  heretofore  made  on  the  real  estate  of 
the  Missionary  Society  of  the  Most  Holy  Redeemer  in 
the  state  of  New  York." 

Senate  Bill  No.  476,  entitled,  "An  act  to  exempt  the 
real  estate  of  the  Young  Men's  Hebrew  Association  from 
taxation,  assessments  and  water  rates." 

Assembly  Bill  No.  1434,  entitled,  "An  act  authorizing 
municipal  officers  of  cities  of  the  third  class  to  contract 
for  the  lighting  of  streets  for  a  period  not  exceeding  five 
years." 

BILLS  NOT  APPROVED  BY  MAYORS  OF  CITIES 

Senate  Bill  No.  673,  entitled,  "An  act  to  enable  the 
city  of  Albany  to  pay  sundry  debts  for  printing  and  ad- 
vertising." 

Senate  Bill  No.  434,  entitled,  "An  act  to  authorize  and 
empower  the  board  of  public  works  and  the  common 
council  of  the  city  of  Buffalo  to  audit,  adjust  and  pay  the 
claims  and  demands  of  Anthony  C.  Douglass,  Edward  J. 
Kingston  and  Arthur  Woods  for  the  actual  value  of  all 
work  performed  and  materials  furnished  in  and  about  the 
construction  of  the  tunnel,  from  the  pumping  station  of 
the  Buffalo  city  water  to  the  inlet  pier,  and  the  extension 
of  such  pier  in  said  city." 


286  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

Senate  Bill  No.  848,  entitled,  "An  act  for  the  preven- 
tion of  cruelty  to  animals,  and  directing  the  Erie  County 
Society  for  the  Prevention  of  Cruelty  to  Animals  to  do 
certain  things." 

Assembly  Bill  No.  1224,  entitled,  "An  act  to  amend 
chapter  one  hundred  and  five  of  the  laws  of  eighteen 
hundred  and  ninety-one,  relating  to  the  vacations  and 
leave  of  absence  of  firemen." 

Assembly  Bill  No.  1449,  entitled,  "An  act  declaratory 
of  the  application  of  section  five  hundred  and  four  of 
chapter  one  hundred  and  five  of  the  laws  of  eighteen  hun- 
dred and  ninety-one." 

Assembly  Bill  No.  1749,  entitled,  "An  act  to  amend 
chapter  fifty-eight  of  the  laws  of  eighteen  hundred  and 
ninety,  entitled  'An  act  to  incorporate  the  City  of  Corn- 
ing,' and  the  acts  amendatory  thereof  and  supplemental 
thereto." 

Senate  Bill  No.  1013,  entitled,  "An  act  to  amend  chap- 
ter five  hundred  and  sixty-eight  of  the  laws  of  eighteen 
hundred  and  ninety-five,  entitled  'An  act  to  incorporate 
the  city  of  Johnstown.'  ' 

Senate  Bill  No.  1101,  entitled,  "An  act  to  authorize 
the  city  of  Syracuse  to  levy  a  tax  to  provide  the  means 
to  defray  the  cost  of  constructing  a  bridge  over  the  Erie 
Canal  at  Bridge  street  in  the  city  of  Syracuse." 

Assembly  Bill  No.  1109,  entitled.  "An  act  to  authorize 
the  city  of  Syracuse  to  levy  a  tax  to  provide  the  means 


OMNIBUS  VETO  287 

to  defray  the  cost  of  constructing  a  steel  girder  bridge, 
abutments  and  necessary  approaches  over  the  Erie  canal, 
at  the  foot  of  Westcott  street,  in  the  city  of  Syracuse." 

Senate  Bill  No.  709,  entitled,  "An  act  to  amend  chapter 
seven  hundred  and  sixty  of  the  laws  of  eighteen  hundred 
and  ninety-seven,  entitled  'An  act  to  revise  the  charter 
of  the  city  of  Watertown.'  ' 

Senate  Bill  No.  1107,  entitled,  "An  act  authorizing  the 
board  of  police  of  the  city  of  Yonkers  to  borrow  money 
for  the  purpose  of  defraying  the  necessary  expenses  of  the 
said  board  of  police  and  police  board." 

Senate  Bill  No.  30,  entitled,  "An  act  authorizing  and 
directing  the  comptroller  of  the  city  of  New  York  to 
cancel  of  record  certain  taxes  and  assessments  levied  upon 
real  property  within  the  territory  added  to  said  city  by 
chapter  nine  hundred  and  thirty-four  of  the  laws  of  eigh- 
teen hundred  and  ninety-five,  and  issue  certificates  of 
redemption  from  the  sales  of  real  property  within  such 
territory." 

Senate  Bill  No.  79,  entitled,  "An  act  to  provide  com- 
pensation to  the  owners  of  animals  and  cattle  destroyed 
pursuant  to  chapter  six  hundred  and  seventy-four  of  the 
laws  of  eighteen  hundred  and  ninety-four  and  repealing 
certain  acts  relating  thereto  in  the  city  of  New  York." 

Senate  Bill  No.  192,  entitled,  "An  act  to  authorize  the 
board  of  revision  of  assessments  in  the  city  of  New  York 
to  determine  and  award  damages  for  the  changing  of  the 


288  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

original  grade  of  streets  and  avenues  affecting-  certain 
property  located  in  the  borough  of  the  Bronx  in  the  city 
of  New  York." 

Senate  Bill  No.  200,  entitled,  "An  act  to  amend  chapter 
three  hundred  and  seventy-eight  of  the  laws  of  eighteen 
hundred  and  ninety-seven,  entitled  'An  act  to  unite  into 
one  municipality  under  the  corporate  name  of  The  City 
of  New  York,  the  various  communities  lying  in  and  about 
New  York  Harbor  including  the  city  and  county  of  New 
York,  the  city  of  Brooklyn  and  the  county  of  Kings,  the 
county  of  Richmond,  and  part  of  the  county  of  Queens, 
and  to  provide  for  the  government  thereof,'  in  relation  to- 
the  normal  college  of  the  city  of  New  York." 

Senate  Bill  No.  230,  entitled,  "An  act  for  the  regulation 
of  pharmacists  and  druggists  and  to  prevent  accidents 
and  mistakes  in  the  preparing  and  compounding  of  medi- 
cal prescriptions  in  the  city  of  New  York." 

Senate  Bill  No.  307,  entitled,  "An  act  to  authorize  the 
board  of  estimate  and  apportionment  of  The  City  of  New 
York  to  audit,  and  the  comptroller  of  said  city  to  pay, 
the  expenses  of  Lewis  M.  Hornthal,  Richard  Kelly,  Joseph 
Fettretch  and  Jeremiah  Fitzpatrick,  incurred  for  legal 
services  and  other  expenses  and  actions  brought  against 
them  individually  and  as  trustees  of  the  common  schools 
of  the  nineteenth  ward  of  The  City  of  New  York  by 
Louise  M.  Galligan." 


OMNIBUS  VETO  289 

Senate  Bill  No.  340,  entitled,  "An  act  to  provide  for 
the  payment  of  the  services  rendered  to  The  City  of  New 
York,  after  annexation,  by  the  volunteer  firemen  of  that 
portion  of  Westchester  county  annexed  to  The  City  of 
New  York  by  chapter  nine  hundred  and  thirty-four  of 
the  laws  of  eighteen  hundred  and  ninety-five." 

Senate  Bill  No.  439,  entitled,  "An  act  in  relation  to 
the  construction  of  an  outlet  sewer  and  appurtenants  in 
Farragut  street,  from  the  East  river  to  Hunt's  Point  road, 
and  in  Hunt's  Point  road  from  Farragut  to  Whittier 
street,  and  in  Whittier  street  from  Hunt's  Point  road  to 
Whitlock  avenue,  and  in  Whitlock  avenue  from  Whittier 
street  to  Westchester  avenue,  and  in  Westchester  avenue 
from  Whitlock  avenue  to  Edgewater  road,  and  in  Edge- 
water  road  from  Westchester  avenue  to  Jennings  street 
in  The  City  of  New  York." 

Senate  Bill  No.  441,  entitled,  "An  act  to  repeal  sec- 
tions eighteen  hundred  and  twenty-four  to  eighteen  hun- 
dred and  thirty-eight  of  the  New  York  consolidation  act 
and.  the  acts  amendatory  thereof  relating  to  mechanics' 
liens  on  account  of  public  improvement.:  in  the  city  of 
New  York,  as  constituted  before  taking  effect  of  the 
Greater  New  York  charter." 

Senate  Bill  No.  506.  entitled,  "An  act  in  relation  to 
local  improvement  bonds  of  the  late  town  of  Gravesend." 

Senate  Bill  No.  580,  entitled,  "An  act  to  authorize  the 
commissioners  of  the  sinking  fund  of  The  City  of  New 


290  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

York  to  cancel  and  annul  certain  assessments  and  direct- 
ing the  comptroller  to  mark  said  assessments  accordingly." 

Senate  Bill  No.  600,  entitled,  "An  act  in  relation  to 
proceedings  for  the  opening  of  streets  and  avenues  and 
closing  old  roads  or  highways  in  the  late  city  of  Brooklyn 
commenced  prior  to  its  annexation  with  the  city  of  New 
York,  and  to  provide  for  the  completion  of  the  same." 

Senate  Bill  No.  633,  entitled,  "An  act  to  authorize  the 
board  of  estimate  and  apportionment  of  The  City  of  New 
York  to  examine  and  audit  the  claim  of  William  A.  Deer- 
ing  for  advertising  sale  of  bonds  of  the  late  city  of 
Brooklyn." 

Senate  Bill  No.  667,  entitled,  "An  act  to  legalize  the 
acts  of  former  justices  of  the  district  courts  in  the  city 
of  New  York,  and  provide  for  the  payment  of  compensa- 
tion for  their  services,  relative  to  municipal  courts  of  New 
York  city." 

Senate  Bill  No.  686,  entitled,  "An  act  in  relation  to 
an  assessment  for  the  grading,  construction  and  improve- 
ment of  the  westernly  part  of  Surf  Avenue  in  the  city  of 
New  York,  late  town  of  Gravesend,  Kings  county." 

Senate  Bill  No.  734,  entitled,  "An  act  to  close  and 
strike  from  the  town  survey  map  of  Kings  county  all  that 
portion  of  Sherman  street  lying  between  Vanderbilt  ave- 
nue and  Adams  street,  as  the  name  is  laid  down  on  said 
map." 


OMNIBUS  VETO  291 

Senate  Bill  No.  742,  entitled,  "An  act  in  relation  to 
license  fees  for  public  exhibitions  and  for  the  payment  of 
a  part  thereof  to  the  Actors'  Fund  of  America." 

Senate  Bill  No.  801,  entitled,  "An  act  to  amend  chapter 
four  hundred  and  ten  of  the  laws  of  eighteen  hundred  and 
eighty-two,  entitled  'An  act  to  consolidate  into  one  act 
and  to  declare  the  special  and  local  laws  affecting  public 
interests  in  the  city  of  New  York,'  in  relation  to  buildings 
in  said  city." 

Senate  Bill  No.  872,  .entitled  "An  act  to  amend  chap- 
ter six  hundred  and  seventy-one  of  the  laws  of  eighteen 
hundred  and  ninety  seven,  entitled  'An  act  to  authorize 
the  board  of  estimate  and  apportionment  of  The  City  of 
New  York  to  examine  the  claim  of  Mary  E.  Ward,  sur- 
viving partner  of  the  firm  of  Warren  Ward  and  Company, 
for  extra  work  done  in  the  enlargement  and  equipment 
of  the  Metropolitan  Museum  of  Art.'  ' 

Senate  Bill  No.  881,  entitled  "An  act  to  authorize 
Jeremiah  P.  Robinson  to  construct,  build  and  maintain 
a  bulkhead  in  front  of  his  lands  in  the  Twelfth  ward  of 
the  borough  of  Brooklyn  of  The  City  of  New  York." 

Senate  Bill  No.  883,  entitled,  "An  act  to  authorize 
the  board  of  commissioners  of  the  sinking  fund  of  The 
City  of  New  York  to  transfer  certain  property  to  the 
Brooklyn  Public  Library  for  use  as  part  of  a  free  library." 

Senate  Bill  No.  889,  entitled,  "An  act  to  regulate  the 


292  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

use  of  certain  slips,  piers  and  wharves  on  the  East  river, 
in  The  City  of  New  York." 

Senate  Bill  No.  916,  entitled,  "An  act  to  provide  in 
and  for  the  county  of  Kings  an  additional  court,  not  of 
record,  for  the  trial  of  minor  felonies." 

Senate  Bill  No.  936,  entitled,  "An  act  relative  to  the 
bridge  over  the  East  river  authorized  to  be  constructed 
by  chapter  seven  hundred  and  eighty-nine  of  the  laws  of 
eighteen  hundred  and  ninety-five." 

Senate  Bill  No.  1057,  entitled,  "An  act  in  relation  to 
certain  lands  owned  by  The  City  of  New  York  in  the 
borough  of  Brooklyn,  known  as  the  Wallabout  lands,  and 
the  improvement,  leasing  and  maintenance  thereof." 

Assembly  Bill  No.  35,  entitled,  "An  act  in  relation  to 
the  opening  of  the  highway  or  avenue  known  as  Prospect 
avenue,  in  the  late  town  of  Flatbush,  Kings  county,  for- 
merly a  part  of  the  city  of  Brooklyn,  now  a  part  of  the 
city  of  New  York." 

Assembly  Bill  No.  57,  entitled,  "An  act  authorizing 
the  board  of  estimate  and  apportionment  of  the  city  of 
New  York  to  appropriate  the  sum  of  thirty-five  thousand 
dollars  to  aid  in  the  erection  of  a  monument  of  the  martyrs 
who  perished  in  the  prison  ships  in  New  York  harbor 
during  the  war  of  the  revolution." 

Assembly  Bill  No.  248,  entitled,  "An  act  in  relation  to 
the  construction,  maintenance  and  operation  of  railroads 


OMNIBUS  VETO 


293 


upon  East  Eighteenth  street,  in  the  borough  of  Brooklyn, 
in  the  city  of  New  York." 

Assembly  Bill  No.  442,  entitled,  "An  act  in  relation 
to  the  construction,  maintenance  and  operation  of  rail- 
roads upon  East  Nineteenth  street  in  the  borough  of 
Brooklyn,  in  The  City  of  New  York." 

Assembly  Bill  No.  613,  entitled,  "An  act  in  relation  to 
the  construction,  maintenance  and  operation  of  railroads 
upon  East  Fourteenth  street,  in  the  borough  of  Brooklyn, 
in  the  City  of  New  York." 

Assembly  Bill  No.  698,  entitled,  "An  act  to  authorize 
the  board  of  estimate  and  apportionment  of  The  City  of 
New  York  to  examine  and  audit  the  claim  of  Fred  E. 
Strom  for  services  for  making  and  furnishing  maps  of 
the  Thirty-second  ward  of  the  late  city  of  Brooklyn." 

Assembly  Bill  No.  782,  entitled,  "An  act  to  legalize 
and  confirm  certain  appointments  made  in  the  department 
by  the  fire  commissioner  of  the  former  city  of  Brooklyn." 

Assembly  Bill  No.  807,  entitled,  "An  act  to  legalize 
and  confirm  the  transfer  and  assignment  of  persons  serv- 
ing as  clerks  or  employes  in  the  several  municipal  and 
public  corporations  consolidated  by  the  Greater  New 
York  charter,  and  to  provide  for  their  compensation." 

Assembly  Bill  No.  828,  entitled,  "An  act  to  repeal 
chapter  sixty-eight  of  the  laws  of  eighteen  hundred  and 
ninety-seven,  entitled  'An  act  authorizing  the  operation 
of  electrical  conductors  in  The  City  of  New  York,  and 
the  construction  of  a  subway  therefor.'  ' 


294  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

Assembly  Bill  No.  896,  entitled,  "An  act  to  amend 
chapter  four  hundred  and  ten  of  the  laws  of  eighteen 
hundred  and  eighty-two,  entitled  'An  act  to  consolidate 
into  one  act  and  to  declare  the  special  and  local  laws 
affecting  public  interests  in  The  City  of  New  York,'  as 
amended  by  chapter  seven  hundred  and  fifty-seven  of  the 
laws  of  eighteen  hundred  and  ninety-four,  relating  to 
clerks  and  interpreters  of  courts." 

Assembly  Bill  No.  1030,  entitled,  "An  act  to  amend 
chapter  three  hundred  and  seventy-eight  of  the  laws  of 
eighteen  hundred  and  ninety-seven,  entitled  'An  act  to 
unite  into  one  municipality  under  the  corporate  name  of 
The  City  of  New  York,  the  various  communities  lying 
in  and  about  New  York  harbor,  including  the  city  and 
county  of  New  York,  the  city  of  Brooklyn  and  the  county 
of  Kings,  the  county  of  Richmond,  and  part  of  the  county 
of  Queens,  and  to  provide  for  the  government  thereof,' 
relating  to  newspapers  to  be  designated  in  which  corpo- 
rate notices  are  to  be  advertised." 

Assembly  Bill  No.  1031,  entitled,  "An  act  authorizing 
the  dock  board  of  The  City  of  New  York  to  lease  certain 
land  and  land  under  water  for  boat-house  service." 

Assembly  Bill  No.  1033,  entitled,  "An  act  to  amend 
chapter  three  hundred  and  seventy-eight  of  the  laws  of 
eighteen  hundred  and  ninety-seven,  entitled  'An  act  to 
unite  into  one  municipality,  under  the  corporate  name 
of  The  City  of  New  York,  the  various  communities  lying 


OMNIBUS  VETO  295 

in  and  about  New  York  harbor,  including  the  city  and 
county  of  New  York,  the  city  of  Brooklyn  and  the  county 
of  Kings,  the  county  of  Richmond  and  part  of  the  county 
of  Queens,  and  to  provide  for  the  government  thereof.' ' 

Assembly  Bill  No.  1217,  entitled,  "An  act  to  provide 
for  carrying  out  a  contract  for  grading  a  portion  of  West 
Seventeenth  street,  in  the  borough  of  Brooklyn,  City  of 
New  York." 

Assembly  Bill  No.  1339,  entitled,  "An  act  to  provide 
for  payment  for  the  services  rendered  to  the  City  of 
Brooklyn,  in  the  county  of  Kings  (now  forming  part  of 
The  City  of  New  York,  under  and  by  virtue  of  chapter 
three  hundred  and  seventy-eight  of  the  laws  of  eighteen 
hundred  and  ninety-seven),  by  the  volunteer  firemen  of 
the  town  of  Flatbush,  in  said  county  of  Kings,  annexed 
to  said  former  city  of  Brooklyn,  by  chapter  three  hundred 
and  fifty-six  of  the  laws  of  eighteen  hundred  and  ninety- 
four." 

Assembly  Bill  No.  1342,  entitled,  "An  act  to  amend 
chapter  five  hundred  and  eighty-three  of  the  laws  of  eigh- 
teen hundred  and  eighty-eight,  entitled  'An  act  to  revise 
and  combine  in  a  single  act  all  existing  special  and  local 
laws  affecting  public  interests  of  the  city  of  Brooklyn,' 
as  amended  by  chapter  four  hundred  and  eighty-one  of 
the  laws  of  eighteen  hundred  and  ninety-four,  and  chapter 

five  hundred  and  thirty-nine  of  the  laws  of  eighteen  hun- 
dred and  ninety-five,  and  chapter  six  hundred  and  forty- 


296  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

three  of  the  laws  of  eighteen  hundred  and  ninety-six,  and 
chapter  five  hundred  and  thirty-one  of  the  laws  of  eighteen 
hundred  and  ninety-seven,  relating  to  the  fire  limits  of 
the  city  of  Brooklyn." 

Assembly  Bill  No.  1397,  entitled,  "An  act  to  authorize 
the  improvement  of  Ocean  avenue,  in  the  borough  of 
Brooklyn,  in  The  City  of  New  York." 

FRANK  S.  BLACK 


PROCLAMATION   CONVENING  THE   LEGISLA- 
TURE IN  EXTRAORDINARY  SESSION 

STATE  OF  NEW  YORK 

Executive  Chamber 

PURSUANT  to  the  power  vested  in  me  by  section  4  of 
article  IV  of  the  Constitution,  I  hereby  convene  the 
Legislature  in  Extraordinary  Session  at  the  Capitol  in 
the  city  of  Albany  on  the  eleventh  day  of  July,  1898, 
at  8  o'clock  in  the  evening. 

Given  under  my  hand  and  the  Privy  Seal  of  the 

State   at   the   Capitol   in   the   city   of  Albany 

[L  s]        this  fifth  day  of  July  in  the  year  of  our  Lord 

one  thousand  eight  hundred  and  ninety-eight. 

FRANK  S.  BLACK 
By  the  Governor: 

WILLIAM  M.  GRIFFITH 

Private  Secretary 


EXTRAORDINARY  TERM  SUPREME  COURT  297 

APPOINTMENT  OF  AN  EXTRAORDINARY 
TRIAL  TERM  OF  THE  SUPREME  COURT  AT 
RICHMOND 

STATE  OF  NEW  YORK 

Executive  Chamber 

IT  APPEARING  to  my  satisfaction  that  the  public  in- 
terest requires  it; 

Therefore  In  accordance  with  the  statute  in  such  case 
made  and  provided  I  do  hereby  appoint  an  Extraordinary 
Trial  Term  of  the  Supreme  Court  to  be  held  at  the  court- 
house in  Richmond,  county  of  Richmond,  on  Wednesday 
the  thirty-first  day  of  August  next  at  ten  o'clock  in  the 
forenoon  of  that  day  and  to  continue  so  long  as  may 
be  necessary  for  the  disposal  of  the  business  which  may 
be  brought  before  it;  and  I  do  hereby  designate  the 

Honorable  EDGAR  L.  FURSMAN 

of  the  city  of  Troy  who  is  a  justice  of  the  Supreme  Court 
of  this  State  to  hold  the  said  Extraordinary  Trial  Term 
as  hereinbefore  described;  and  I  do  further  direct  that 
notice  of  such  appointment  be  given  by  publication  of 
this  order  once  in  each  week  for  two  successive  weeks 
in  the  Staten  Island  Times  and  The  Staten  Islander  news- 
papers published  in  the  said  county  of  Richmond. 

Given  under  my  hand  and  the  Privy  Seal  of  the 
State  at   the   Capitol  in   the   city   of  Albany 
[L  s]        this  seventh  day  of  July  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  ninety- 
eight. 

FRANK  S.  BLACK 
By  the  Governor: 

WILLIAM  M.  GRIFFITH 

Private  Secretary 


298     PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

MESSAGE  DECLARING  THE  OBJECTS  OF  THE 
EXTRAORDINARY  SESSION 

STATE  OF  NEW  YORK 

Executive  Chamber 
Albany  July  n,  1898 

To  THE  LEGISLATURE  OF  NEW  YORK: 

Unusual  events  have  made  it  necessary  to  convene  the 
Legislature  in  extra  session.  There  are  three  subjects  which 
demand  attention,  and  I  recommend  them  for  legislative  action. 

First.  An  appropriation  to  meet  the  expense  of  providing 
New  York's  share  of  the  troops  required  in  the  war  with 
Spain. 

Second.  A  plan  to  enable  voters  absent  from  their  homes  in 
military  service  to  vote  at  coming  elections. 

Third.  A  provision  which  will  better  protect  citizens  who 
would  vote  according  to  law,  and  more  certainly  prevent  and 
punish  those  who  would  vote  otherwise. 

Before  the  adjournment  in  March,  the  Legislature  appro- 
priated $1,000,000  to  meet  a  contingency  which  it  was  hoped 
would  never  happen.  Since  then  New  York  has  put  in  the 
field  16,000  men,  at  an  expense  of  $960,493.72.  There  is  an 
unexpended  balance  of  $39,506.28.  A  large  part  of  the  money 
paid  out  will  be  returned  by  the  general  government,  but  not 
in  time  to  be  available  for  present  use.  This  expenditure  has 
sent  to  service  the  best  drilled,  best  equipped  and  best  pre- 


EXTRAORDINARY  SESSION  —  MESSAGE  299 

pared  troops  that  any  State  has  furnished.  The  purposes  for 
which  the  appropriation  has  been  expended  appear  in  the 
Adjutant-General's  statement,  which  I  submit  herewith.  Such 
expenditures  are  given  in  detail  on  the  books  of  the  Adjutant- 
General's  department,  to  which  books  I  refer. 

The  justice  of  providing  for  the  soldier's  vote  is  clear.  There 
will  be  in  the  field,  when  the  present  call  is  completed,  about 
twenty  thousand  of  the  male  citizens  of  New  York.  Most  of 
them  are  voters.  They  have  responded  with  such  promptness 
and  courage  as  to  evoke  the  highest  praise  from  the  govern- 
ment at  Washington,  and  from  the  loyal  citizens  of  the  whole 
country,  regardless  of  State  limits.  In  November  there  may 
be  in  the  field  more  or  less  than  now,  but  in  the  natural  order 
of  things,  however  speedily  the  war  may  end,  some  at  least 
will  be  absent.  Every  honorable  sentiment  demands  that  the 
right  of  the  soldier  be  recognized  by  the  State  whose  fame  he 
has  preserved  and  extended. 

The  last  subject  which  I  have  recommended  is  no  less 
just  or  important  than  the  other  two.  There  are  laws 
now  designed  to  protect  honest  votes,  and  suppress 
those  that  are  fraudulent,  but  none  _  except  the  unin- 
telligent or  the  unfair  maintain  that  these  laws  are 
always  effective.  Perhaps  no  law  can  produce  an  ab- 
solutely clean  result,  but  until  that  result  is  as  honest  as 
lawr  can  make  it,  the  subject  will  never  be  closed.  The  over- 
whelming majority  of  the  people  of  this  State,  of  all  political 


300     PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

faiths,  believe  in  and  will  maintain  a  clean  electoral  franchise, 
but  ever  since  men  have  dealt  together,  corruption  has  been 
extant  and  the  time  and  means  of  the  vast  majority  have  been 
incessantly  employed  in  attempts  to  confine  the  small  minority 
within  the  restraints  of  law.  There  is  no  direction  in  which 
lawbreakers  have  been  so  defiant  and  successful  as  against  the 
right  of  suffrage.  The  heat  of  political  controversy  has  too 
often  excused  where  it  should  have  condemned.  A  temporary 
triumph  has  sometimes  been  gained  at  the  cost  of  integrity, 
and  the  process  has  been  ignored.  No  government  can  long 
endure  which  does  not  check  and  punish  this  highest  of  all 
forms  of  treason.  Other  offenses  compared  with  it  are  small 
and  insignificant.  An  honest  franchise  lies  at  the  bottom  of 
all  governmental  stability.  You  will  enact  laws  in  vain  against 
theft  and  pillage,  if  the  greatest  evil,  a  corrupted  franchise, 
goes  uncleansed.  It  will  profit  little  to  save  the  veins  if  the 
arteries  are  ct.t.  It  is  far  too  common  to  make  election 
crimes  of  the  fall,  public  jests  in  the  following  spring.  Honest, 
thoughtful  citizens  of  this  State  see  in  recent  events  in  New 
York  city,  a  threatened  repetition  of  practices  which  have 
on  more  than  one  occasion  defrauded  and  disgraced  the  State. 
When  instruments  are  needed  they  are  selected  because  of 
fitness  for  the  end  desired.  This  is  true  whether  that  end  be 
honorable  or  base;  and  when  recently  in  New  York  city  the 
power  to  control  elections  was  vested  in  one  whose  prominence 
rested  upon  notorious  violations  of  the  election  law,  the  con- 


EXTRAORDINARY  SESSION  —  MESSAGE  301 

elusion  followed  that  the  selection  was  made  to  repeat  the  in- 
famous practices  which  had  tarnished  his  previous  career. 
High  official  station,  accompanied  with  great  power,  has  been 
there  bestowed  upon  one  whose  name  has  had  with  election 
and  other  crimes  the  closest  association.  This  increase  of 
power,  with  no  suggestion  of  increased  fitness  or  integrity, 
has  aroused  the  conservative  citizens  of  every  party  to  demand 
that  the  ballot  be  preserved  from  hands  that  hitherto  have 
smirched  it.  The  power  to  do  this  is  vested  in  the  Legislature. 
The  duty  to  exercise  that  power  cannot  be  evaded  or  denied. 
The  authority  rests  with  the  Legislature  of  this  State,  but  the 
demand  comes  from  honest  citizenship  the  country  over. 

Police  control  may  be  a  subject  for  local  regulation.  What 
a  community  will  do  with  and  for  itself,  it  alone  should 
decide  as  long  as  that  decision  does  not  affect  others  nor 
transgress  the  bounds  of  decency  and  good  morals.  The 
general  powers  of  the  police  in  New  York  city  should  not 
now  be  interfered  with.  That  body  should  be  left  as  it  is  until 
the  demonstration  of  its  unfitness  is  again  repeated  and  com- 
plete. But  the  question  of  an  honest  ballot  is  neither  local 
nor  State;  it  is  national,  and  broader  even  than  that,  for  it 
affects  and  controls  as  no  other  issue  does,  the  integrity  of 
citizenship,  which  has  no  limit.  The  national  aspect  of  this 
question  has  in  recent  years  received  a  signal  declaration. 
The  presidency  has  often  turned  upon  the  vote  of  New  York, 
and  within  the  memory  of  young  men  that  high  office  has 
been  once  bestowed  through  the  dishonor  of  the  franchise 


302     PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

in  a  single  community  in  this  State.  The  question  thus  pre- 
sented cannot,  therefore,  be  narrowed  to  local  significance, 
nor  confined  by  the  restraints  of  party  affiliation.  It  is  as 
broad  as  the  whole  country,  and  it  is  to  the  citizen,  not  to  the 
partisan,  that  its  appeal  is  made.  By  no  false  issue  should 
that  appeal  be  stifled  or  obscured.  It  antagonizes  no  sound 
doctrine  and  transgresses  no  precept  of  fair  play.  No  honest 
man  can  suffer  nor  justly  complain  of  a  violated  right. 

There  are  many  who  say,  perhaps  some  who  believe,  that 
unless  this  question  is  dealt  with  by  each  community,  right  or 
wrong,  the  principle  of  home  rule  is  offended.  Even  this  con- 
tention, utterly  without  significance  in  the  face  of  the  greater 
issue,  is  not  true.  Home  rule  means  only  the  right  of  the  com- 
munity to  deal  in  its  own  way  with  matters  pertaining  to  it, 
provided  its  method  of  dealing  is  in  accord  with  the  Consti- 
tution, the  law,  and  the  rights  of  the  people  at  large.  No 
community  shall  commit  a  crime,  even  though  done  on  its  own 
territory.  No  man  shall  counterfeit  or  forge,  even  though  he 
does  it  in  his  own  cellar.  The  doctrine  of  home  rule  protects 
one  case  as  well  as  the  other,  and  is  equally  shocked  by  each. 
No  city  shall  debauch  the  franchise  and  relieve  itself  from  re- 
straint by  claiming  that  the  fraud  was  clone  at  home.  The 
effect  of  a  crime  does  not  stay  where  it  was  done  nor  affect  tKe 
perpetrator  alone.  It  spreads  and  contaminates,  and  its 
boundaries  cannot  be  fixed.  As  well  might  one  claim  the  right 
to  poison  the  source  of  a  river  because  that  source  was  on 


EXTRAORDINARY  SESSION  —  MESSAGE  303 

his  land.  The  plea  of  home  rule  will  shield  him  against  those 
on  the  course  of  the  stream  below  as  well  as  the  same  plea  will 
shield  those  who  poison  in  one  spot,  the  franchise  which  is 
co-extensive  with  the  republic. 

The  citizens  of  Plattsburgh  or  Watertown  have  the  same 
right  to  demand  an  honest  vote  in  New  York  city  that  they 
have  to  demand  it  at  home,  for  in  a  general  election  the  fraud- 
ulent vote  destroys  the  power  of  an  honest  one,  whether  in  the 
same  box  with  it  or  in  one  three  hundred  miles  away.  Home 
rule  is,  in  a  small  way,  the  doctrine  of  State  rights,  and  has  no 
greater  scope.  It  is  a  privilege  allowed  by  all  to  one,  and  can- 
not be  used  by  that  one  to  defraud  the  others.  Within  the 
limits  intended  by  the  Constitution  it  is  a  wise  and  salutary 
doctrine,  but  when  it  goes  beyond  the  Constitution,  beyond  the 
laws,  and  protects  the  individual  in  outraging  the  multitude, 
it  should  be  brought  to  the  ground. 

The  same  class  which  sees  or  claims  to  see  in  an  effective 
election  law,  the  violation  of  home  rule,  will  also  see  the  image 
of  a  force  bill  in  every  attempt  to  protect  the  franchise.  This 
claim  should  neither  mislead  nor  deter.  Every  law  against 
crime  is  a  Force  bill.  There  is  one  against  murder,  arson  and 
theft.  The  law  upon  either  of  those  subjects  would  be  at  once 
amended  if  the  amendment  would  improve  it.  No  protest 
would  be  raised  or  heeded  if  it  was,  and  yet  there  are  perhaps 
as  many  who  at  heart  oppose  a  force  bill  against  larceny  as 
there  are  those  who  oppose  a  force  bill  against  election  crimes. 
The  reason  why  one  protest  is  silent  and  the  other  uttered, 


304  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

is  because  public  sentiment  condemns  one  and  listens  to  the 
other.  Those  who  profit  by  an  evil  will  raise  false  alarms 
to  distract  the  public  mind  while  they  repeat  the  dangerous 
advantage.  And  yet,  of  the  two  crimes,  theft  is  the  milder  and 
less  to  be  feared.  One  is  a  crime  against  property,  the  other 
against  liberty.  One  can  be  measured  and  the  damage  fixed; 
the  other  has  no  limit  and  may  shatter  the  foundation  on  which 
all  property  rights  depend.  No  society  is  safe  which  fails  to 
recognize  the  magnitude  of  this  evil  or  refuses  to  cut  it  out. 
It  is  the  great  danger  threatening  the  country  to-day.  If  any 
community  cannot  or  will  not  prevent  it,  the  State  should. 
When  local  authorities,  clothed  with  a  duty  closely  touching 
the  welfare  of  the  \vhole  State,  ignore  or  connive  at  its  viola- 
tion, the  State  itself  should  intervene.  It  should  not  permit 
its  seven  millions  of  people  to  be  defrauded  at  the  polls  by  the 
few  thousand  who  make  of  corruption  either  a  pastime  or  an 
occupation.  By  meeting  this  subject  with  justice  and  deter- 
mination, the  State  will  perform  a  most  solemn  and  imperative 
duty,  and  crush  out  an  evil  which  has  brought  upon  it  injury 
ana  shame.  The  responsibility  for  a  law  against  crime  is  not 
upon  those  who  make  it,  but  upon  those  who  make  it  nec- 
essary. 

An  honest  election  is  not  a  political  question.  It  is  not 
against  a  political  party,  if  all  parties  are  honest.  It  is  only 
against  a  class,  the  most  degraded  and  dangerous  by  which 
society  is  menaced.  If  any  political  party  or  members  of  it 
have  received  or  expect  benefits  from  this  class,  they  will 
condemn  as  a  force  bill  any  law  which  restricts  the  infamous 


EXTRAORDINARY  SESSION  —  MESSAGE 


305 


trade  in  which  that  class  engages.  The  State  should  be  for 
the  law  and  against  the  criminals.  Individuals  and  parties 
should  take  whichever  side  their  interests  point  out,  and  they 
should  be  forced  to  take  it  in  public. 

I  have  only  one  reluctance  in  proposing  new  legislation, 
and  that  arises  from  the  necessity  for  increased  expense. 
But  New  York  should  respond  to  the  President's  call.  Her 
absent  soldiers  should  vote,  and  when  those  votes  return  they 
should  be  protected  sacredly.  No  cost  is  too  great,  necessary 
to  these  ends.  All  legislation  involves  expense.  The  State 
expends  millions  of  dollars  every  year  for  its  various  purposes. 
There  is  not  in  all  this  vast  expenditure,  one  subject  whose 
influence  is  so  paramount  and  clear  as  the  electoral  franchise. 
The  country  is  in  greater  danger  from  an  abuse  of  this  fran- 
chise than  from  the  war  with  Spain.  All  other  subjects  depend 
for  their  success  and  even  for  their  continuance,  upon  an 
honest  vote.  Any  expenditure,  therefore,  which  surrounds 
that  vote  with  additional  shields  should  be  promptly  made. 
But  in  this,  no  large  expense  need  be  incurred.  A  compara- 
tively small  number,  determined,  backed  by  a  just  law,  can 
accomplish  much  in  the  way  of  prevention.  By  prevention 
the  law  should  be  fulfilled,  for  its  sole  purpose  should  be  to 
stop  the  commission  of  crime. 

This  question  should  be  dealt  with  upon  the  broad  lines 
of  equal  citizenship.  No  partisan  advantage  should  be 
sought  or  allowed.  Fair  play  is  a  rule  which  honest  men 
cheerfully  observe;  others  should  be  forced  to  observe  it. 

Legislation  should  be  so  framed  that  any  man  who  attacks 
it  must  accuse  himself.  In  all  elections,  where  one  of  two 


306  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

great  parties  must  prevail,  bipartisanship  is  the  basic  prin- 
ciple, because  there  the  right  to  control  is  established,  and 
in  the  process  of  establishing  it  every  man  who  has  a  right 
to  participate  has  a  right  to  be  represented.  This  principle 
of  bipartisanship,  recognized  by  the  Constitution,  should  be 
incorporated  in  the  law.  Wherever  one  party  is  represented, 
both  should  be,  by  precisely  the  same  number  in  precisely 
the  same  way.  The  law  upon  this  subject  should  be  confined 
strictly  to  the  conduct  of  elections,  and  the  preliminary  steps 
which  culminate  on  election  day.  Legislation  affecting  any 
existing  police  force,  except  as  to  its  duties  in  connection 
with  registration  and  election,  and  offenses  against  them,  I 
distinctly  decline  to  recommend. 

I  know  you  will  keep  in  view  a  reasonable  economy,  and 
yet  remember  that  an  honest  election  must  be  had  at  any 
price;  that  you  will  act  in  the  full  determination  to  be  just 
to  the  whole  people,  and  yet  remember  that  justice  will  be 
but  poorly  done  if  you  do  not  so  provide  that  the  votes  of 
hundreds  of  brave  men,  now  suffering  in  the  trenches,  shall 
not  be  destroyed  by  the  crimes  of  one  degenerate  who  has 
remained  at  home. 

I  submit  to  you  the  three  questions  I  have  named,  with 
full  confidence  in  your  wisdom. 

FRANK  S.  BLACK 


STATEMENT  OF  EXPENDITURES  307 

STATEMENT  OF  EXPENDITURES 

STATE  OF  NEW  YORK 

Adjutant-General's  Office 

Albany,  July  n,  1898 

STATEMENT  OF  EXPENDITURES  UNDER  CHAPTER  181,  LAWS 

OF  1898 

There  are  outstanding  accounts  for  pay  of  rejected 
officers  and  men,  subsistence,  transportation- 
purchases  and  maintenance  of  Camps  Black 
and  Townsend,  estimated  not  to  exceed $100,000  OO 

There  will  be  required  to  replace  the  uniforms, 
packs,  blankets,  ponchos,  cartridge  belts,  can- 
teens, haversacks,  cooking  stoves,  mess  out- 
fits, surgical  field  cases,  medicine  and  tentage, 
surgical  chests,  hospital  corps,  and  orderly 
poncnos  taken  by  the  National  Guard  organi- 
zations into  the  United  States  service,  esti- 
mated    350,000  00 

Actually  paid  out  to  date,  July   n,    1898,   as 

follows : 

Pay  of  officers,  soldiers,  naval  militia,  and  ex- 
penses incidental  thereto 208,107  69 

Uniforms,  blouses,  trousers,  campaign  hats  and 

caps 81,623  05 

Ponchos 2,925  oo 

Blankets 9-3/2  oo 

Leggings 3,018  oo 

Overcoats 4-205  oo 


308  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

Canteens  and  straps  $900  oo 

Haversacks  and  straps   2,893  20 

Cooking  outfits  and  utensils 867  77 

Medical  supplies,  instruments  and  medicines.  . .  .  4,700  57 

Camp  equipage  and  camp  repairs  2,279  5° 

Drums,  bugles,  colors  and  music 3,236  oo 

Electric  light,  lighting  materials   1,630  66 

Telegraph,  telephone  and  postage 2,213  67 

Freight,  cartage  and  expressage 6,777  °2 

Fuel  at  camp   2,235  75 

Tentage,  poles,  pins  and  repairs 14,895  69 

Subsistence 9!,297  45 

Transportation  and  traveling  expenses 22,779  °8 

Clerical  services,  printing,  binding,  laborers....  8,635  73 

Horses,  forage,  straw  and  care  of  horses 28,524  50 

Harbor  patrol  service 5,o8o  oo 

Coast  signal  service 770  34 

Temporary  building  at  Camp  Black 1,526  05, 


Total $960,493  72 


MESSAGE  OF  CERTIFICATION  309 

CERTIFICATION  OF  THE  NECESSITY  OF  THE 
PASSAGE  OF  SENATE  BILL  INTRODUCTORY 
No.  .3,  MAKING  AN  APPROPRIATION  FOR  THE 
MILITARY  OF  THE  STATE 

STATE  OF  NEW  YORK 

Executive  Chamber 
To  THE  LEGISLATURE: 

IT  APPEARING  to  my  satisfaction  that  the  public  in- 
terest requires  it; 

There-fore  In  accordance  \vith  the  provisions  of  section 
fifteen  of  article  three  of  the  Constitution  and  by  virtue 
of  the  authority  thereby  conferred  upon  me,  I  do  hereby 
certify  to  the  necessity  of  the  immediate  passage  of 
Senate  Bill  introductory  number  3  entitled  "An  act  mak- 
ing an  appropriation  for  the  expenses  of  the  National 
Guard  and  Naval  Militia,  and  also  for  the  National  Guard 
and  Naval  Militia  and  Volunteers  when  called  into  ser- 
vice for  the  public  defense  or  otherwise,  and  for  the  issue 
of  bonds  for  such  purposes." 

Given  under  my  hand  and  the  Privy  Seal  of  the 
State  at   the   Capitol   in   the   city   of   Albany 
[L  s]         this  thirteenth  day  of  July  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  ninety- 
eight. 

FRANK  S.  BLACK 

By  the  Governor: 

WILLIAM  M.  GRIFFITH 

Private  Secretary 


310      PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

CERTIFICATION  OF  THE  NECESSITY  OF  THE 
PASSAGE  OF  SENATE  BILL  INTRODUCTORY 
No.  4,  TO  CREATE  A  METROPOLITAN  ELEC- 
TIONS DISTRICT 

STATE  OF  NEW  YORK 

Executive  Chamber 
I'o  THE  LEGISLATURE: 

IT  APPEARING  to  my  satisfaction  that  the  public  in- 
terest requires  it; 

Therefore  In  accordance  with  the  provisions  of  section 
fifteen  of  article  three  of  the  constitution  and  by  virtue 
of  the  authority  thereby  conferred  upon  me,  I  do  hereby 
certify  to  the  necessity  of  the  immediate  passage  of 
Senate  Bill  introductory  number  4  entitled  "An  act  to 
create  a  metropolitan  elections  district;  provide  for  the 
appointment  of  a  state  superintendent  therein,  and  to 
prescribe  his  powers  and  duties." 

Given  under  my  hand  and  the  Privy  Seal  of  the 
State  at   the  Capitol  in   the   city   of  Albany 
[L  s]         this  fourteenth  day  of  July  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  ninety- 
eight. 

FRANK  S.  BLACK 
By  the  Governor: 

WILLIAM  M.  GRIFFITH 

Private  Secretary 


MESSAGE  OF  CERTIFICATION 


MESSAGE    RECOMMENDING    CERTAIN    LEGIS- 
LATION 

STATE  OF  NEW  YORK 
Executive  Chamber 

Albany,  July  14,   1898 
To  THE  LEGISLATURE: 

I  RECOMMEND  for  your  consideration  the  following 
subjects: 

First,  An  appropriation  sufficient  to  pay  in  full  the 
expenses  of  the  extra  session  of  the  legislature. 

Second,  The  creation  of  a  Metropolitan  elections  dis- 
trict having  a  state  superintendent  therein,  with  pre- 
scribed powers  and  duties. 

Third,  Bi-partisan  representation  on  local  election 
boards,  which  representation  shall  be  based  upon  the 
recommendation  of  political  parties  or  the  committees 

thereof. 

FRANK  S.  BLACK 


CERTIFICATION  OF  THE  NECESSITY  OP  THE 
PASSAGE  OF  SENATE  BILL  INTRODUCTORY 
No.  5,  TO  PROVIDE  FOR  THE  VOTING  BY 
ABSENTEE  SOLDIERS 

STATE  OF  NEW  YORK 

Executive  Chamber 
To  THE  LEGISLATURE: 

IT  APPEARING  to  my  satisfaction  that  the  public  in- 
terest requires  it; 

Therefore  In  accordance  with  the  provisions  of  section 
fifteen  of  article  three  of  the  Constitution  and  by  virtue 


312  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

of  the  authority  thereby  conferred  upon  me,  I  do  hereby 
certify  to  the  necessity  of  the  immediate  passage  of 
Senate  Bill  introductory  number  5  entitled  "An  act  to 
provide  the  manner  in  which,  and  the  time  and  place  at 
which  the  qualified  voters  of  the  State  absent  from  their 
respective  election  districts,  in  time  of  war,  in  the  actual 
military  service  of  this  State,  or  of  the  United  States, 
in  the  army  or  navy  thereof,  may  vote;  and  for  the  return 
and  canvass  of  their  votes  in  the  election  districts  in 
which  they  respectively  reside,  and  making  an  appropria- 
tion therefor." 

Given  under  my  hand  and  the  Privy  Seal  of  the 
State  at   the  Capitol  in   the  city   of  Albany 
[L  s]         this  fifteenth  day  of  July  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  ninety- 
eight. 

FRANK  S.  BLACK 
By  the  Governor: 

WILLIAM  M.  GRIFFITH 

Private  Secretary 


CERTIFYING  TO  THE  NECESSITY  OF  THE 
PASSAGE  OF  SENATE  BILL  INTRODUCTORY 
No.  6,  TO  AMEND  THE  ELECTION  LAW 

STATE  OF  NE\V  YORK 

Executive  Chamber 
To  THE  LEGISLATURE: 

IT  APPEARING  to  my  satisfaction  that  the  public  in- 
terest requires  it; 

Therefore  In  accordance  with  the  provisions  of  section 
fifteen  of  article  three  of  the  Constitution  and  by  virtue 


MESSAGE  OF  CERTIFICATION  313 

of  the  authority  thereby  conferred  upon  me,  I  do  hereby 
certify  to  the  necessity  of  the  immediate  passage  of 
Senate  Bill  introductory  number  6  entitled  "An  act  to 
amend  section  twelve  of  chapter  nine  hundred  and  nine 
of  the  laws  of  eighteen  hundred  and  ninety-six,  entitled 
'An  act  in  relation  to  the  elections,  constituting  chapter 
six  of  the  general  laws,'  as  amended  by  chapter  three 
hundred  and  seventy-nine  of  the  laws  of  eighteen  hun- 
dred and  ninety-seven,  relating  to  the  appointment  and 
qualifications  of  election  officers  in  cities." 

Given  under  my  hand  and  the  Privy  Seal  of  the 
State  at   the  Capitol  in   the   city  of  Albany 
[L  s]         this  fifteenth  day  of  July  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  ninety- 
eight. 

FRANK  S.  BLACK 
By  the  Governor: 

WILLIAM  M.  GRIFFITH 

Private  Secretary 


CERTIFICATION  OF  THE  NECESSITY  OF  THE 
PASSAGE  OF  SENATE  BILL  INTRODUCTORY 
No.  7,  TO  PROVIDE  FOR  THE  COST  OF  THE 
EXTRAORDINARY  SESSION 

STATE  OF  NEW  YORK 

Executive  Chamber 
To  THE  LEGISLATURE: 

IT  APPEARING  to  my  satisfaction  that  the  public  in- 
terest requires  it; 

Therefore  In  accordance  with  the  provisions  of  section 
fifteen  of  article  three  of  the  Constitution  and  by  virtue 


314  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

of  the  authority  thereby  conferred  upon  me,  I  do  hereby 
certify  to  the  necessity  of  the  immediate  passage  of 
Senate  Bill  introductory  number  7  entitled  "An  act  mak- 
ing an  appropriation  for  the  expenses  of  the  special  ses- 
sion of  the  legislature,  called  by  proclamation  of  the 
Governor,  to  convene  on  July  eleventh,  eighteen  hundred 
and  ninety-eight." 

Given  under  my  hand  and  the  Privy  Seal  of  the 
State  at   the  Capitol  in   the   city   of  Albany 
[L  s]         this  fifteenth  day  of  July  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  ninety- 
eight. 

FRANK  S.  BLACK 
By  the  Governor: 

WILLIAM  M.  GRIFFITH 

Private  Secretary 


CERTIFICATION  OF  THE  NECESSITY  OF  THE 
PASSAGE  OF  SENATE  BILL  INTRODUCTORY 
No.  5,  TO  PROVIDE  FOR  THE  VOTING  BY 
ABSENTEE  SOLDIERS 

STATE  OF  NEW  YORK 

Executive  Chamber 
To  THE  LEGISLATURE: 

IT  APPEARING  to  my  satisfaction  that  the  public  in- 
terest requires  it; 

Therefore  In  accordance  with  the  provisions  of  section 
fifteen  of  article  three  of  the  Constitution  and  by  virtue 
of  the  authority  thereby  conferred  upon  me,  I  do  hereby 


THANKSGIVING  PROCLAMATION  315 

certify  to  the  necessity  of  the  immediate  passage  of 
Senate  Bill  introductory  number  5  entitled  "An  act  to 
provide  the  manner  in  which,  and  the  time  and  place  at 
which  the  qualified  voters  of  the  state  absent  from  their 
respective  election  districts,  in  time  of  war,  in  the  actual 
military  service  of  this  state  or  of  the  United  States,  in 
the  army  or  navy  thereof,  may  vote;  and  for  the  return 
and  canvass  of  their  votes  in  the  election  districts  in 
which  they  respectively  reside,  and  making  an  appropria- 
tion therefor." 

Given  under  my  hand  and  the  Privy  Seal  of  the 
State  at   the  Capitol   in   the   city   of  Albany 
[L  s]         this  sixteenth  day  of  July  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  ninety- 
eight. 

FRANK  S.  BLACK 
By  the  Governor: 

WILLIAM  M.  GRIFFITH 

Private  Secretary 


THANKSGIVING  PROCLAMATION 

STATE  OF  NEW  YORK 

Executive  Chamber 

The  law  of  the  State,  based  on  long  established  custom, 
authorizes  the  Governor  to  appoint  a  day  of  general 
thanksgiving,  when  the  people  may  make  special  acknowl- 
edgment of  their  gratitude  for  the  mercies  of  the  year. 
Each  year  gives  abundant  occasion  for  thanksgiving,  but 


316  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

the  one  now  closing  has  been  filled  with  events  which  may 
well  excite  our  deepest  gratitude.  Business  prosperity 
has  continued  and  increased;  commerce  and  agriculture 
have  yielded  abundant  results;  charity  has  found  new 

avenues;  patriotism  has  received  new  impulses;  and  Amer- 
ican civilization  has  entered  new  fields. 

Let  us  be  grateful  that  in  so  far  as  the  accomplishment 

of  these  results  depends  on  human  agencies,  our  State  has 
been  able  to  contribute  its  part. 

WHEREFORE,  I,  Frank  S.  Black,  Governor,  do  hereby 
designate  Thursday,  the  twenty-fourth  day  of  November 
instant,  as  a  day  of  general  thanksgiving,  and  I  recommend 
that  on  that  day  the  people  refrain  from  their  ordinary  pur- 
suits, and  ussf,mble  at  their  accustomed  places  of  worship 
and  give  devout  acknowledgment  to  Almighty  God. 

Done  at   the   Capitol  in  the  city  of  Albany  this 
seventeenth    day   of    November   in    the 

[PRIVY  SEAL]     year  of  our  Lord  eighteen  hundred  and 

ninety-eight. 

FRANK  S.  BLACK 
By  the  Governor: 

WILLIAM  M.  GRIFFITH 

Private  Secretary 


DESIGNATION  OF  JUSTICE  MCLENNAN  317 

DESIGNATION  OF  JUSTICE  McLENNAN  TO  THE 
APPELLATE    DIVISION    OF    THE    SUPREME 

COURT 

STATE  OF  NEW  YORK 

Executive  Chamber 

IN  ACCORDANCE  with  section  two  of  article  six  of  the  Con- 
stitution the  Honorable  Peter  B.  McLennan  of  the  city 
of  Syracuse  who  is  a  Justice  of  the  Supreme  Court  of 
the  Fifth  Judicial  District  is  hereby  designated  as  Asso- 
ciate Justice  of  the  Appellate  Division  of  the  Supreme 
Court  in  and  for  the  Fourth  Judicial  Department,  in  the 
place  of  the  Honorable  Manly  C.  Green,  deceased,  late  an 
Associate  Justice  of  said  Appellate  Division,  for  and  during 
the  term  of  five  years  from  the  date  hereof. 

Given  under  my  hand  and  the  Privy  Seal  of  the 

State  at  the  Capitol  in  the  city  of  Albany 

[PRIVY  SEAL]      this  twenty-first  day  of  November  in  the 

year  of  our  Lord  one  thousand  eight 

hundred  and  ninety-eight. 

FRANK  S.  BLACK 
By  the  Governor: 

WILLIAM  M.  GRIFFITH 

Private  Secretary 


318  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

ORDER     RELIEVING    SUPERINTENDENT     AL- 
DRIDGE  FROM  DUTY,  AT  HIS  REQUEST. 

STATE  OF  NEW  YORK 

Executive  Chamber 

Charges  of  misconduct  in  office  having  been  presented 
against  George  W.  Aldridge,  Superintendent  of  Public 
Works,  and  he  having  requested  to  be  relieved  from  further 
performance  of  the  duties  of  his  office  pending  a  judicial 
investigation  of  such  charges;  and  it  appearing  to  my 
satisfaction  that  public  interest  requires  it: 

Therefore,  in  compliance  with  such  request,  and  in  pur- 
suance of  the  authority  vested  in  the  Governor  by  section 
three  of  article  five  of  the  Constitution,  it  is 

Ordered,  that  the  said  George  AY.  Aldridge  be  and  he  is 
hereby  suspended  from  the  exercise  of  the  duties  of  the 
office  of  Superintendent  of  Public  Works. 

Given  under  my  hand  and  the  Privy  Seal  of  the 
State  at  the  Capitol  in  the  city  of  Albany  this 
[L  s]       second  day  of  December  in   the  year  of  our 
Lord  one  thousand  eight  hundred  and  ninety- 
eight. 

FRANK  S.  BLACK 
By  the  Governor: 

WILLIAM  M.   GRIFFITH 

Private  Secretary 


STATEMENT  OF  PARDONS, 


COMMUTATIONS  OF  SENTENCE,  AND  REPRIEVES 


GRANTED  BY 


FRANK    S.  BLACK,  GOVERNOR, 
DURING  THE  YEAR  1898 


PARDONS. 


January  5,  1898.  Rufus  B.  Stillman.  Sentenced  March, 
1877,  to  be  executed;  commuted  May  25,  1877,  to  imprison- 
ment for  life;  county,  Monroe;  crime,  murder,  first  degree; 
prison,  Auburn. 

January  19,  1898.  John  Fleming.  Sentenced  October  26, 
1894;  county,  New  York;  crime,  burglary,  second  degree; 
term,  five  years  and  six  months;  prison,  Sing  Sing. 

January  19,  1898.  Daniel  N.  Pomeroy.  Sentenced  De- 
cember 29,  1897;  county,  Niagara;  crime,  assault,  third  de- 
gree; term,  thirty  days;  prison,  Niagara  County  Jail. 

January  28,  1898.  William  Harrigan.  Sentenced  March 
4,  1897;  county,  Monroe;  crime,  grand  larceny,  second  de- 
gree; term,  three  years  and  four  months;  prison,  Auburn. 

March  28,  1898.  Martin  S.  Kittinger.  Sentenced  Janu- 
ary n,  1898;  county,  Orleans;  crime,  disorderly  conduct; 
term,  one  hundred  and  twenty  days;  prison,  Monroe  County 
Penitentiary. 

April  5,  1898.  Clinton  H.  Mallison.  Sentenced  Novem- 
ber 30,  1893;  county,  Genesee;  crime,  assault,  first  degree; 
term,  eight  years  and  two  months;  prison,  Auburn. 


322  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

May  10,  1898.  William  Moncrief.  Sentenced  March  17, 
1891;  county,  St.  Lawrence;  crime,  manslaughter,  first  de- 
gree; term,  eighteen  years;  prison,  Clinton. 

May  19,  1898.  Joseph  Zarwicza.  Sentenced  October  2, 
1896;  county,  Erie;  crime,  assault,  second  degree;  term,  three 
years  and  six  months;  prison,  Erie  County  Penitentiary. 

May  19,  1898.  Frank  O'Neill.  Sentenced  September  21, 
1896;  county,  Cattaraugus;  crime,  burglary,  third  degree; 
term,  three  years  and  six  months;  prison,  Erie  County 
Penitentiary. 

May  19,  1898.  Henry  G.  Wynn.  Sentenced  November  2, 
1894;  county,  New  York;  crime,  grand  larceny;  term,  six 
years  and  six  months;  prison,  Sing  Sing. 

June  i,  1898.  Walter  Schuman.  Sentenced  October  30, 
1893;  county,  Monroe;  crime,  rape,  second  degree;  maximum 
term,  ten  years;  prison,  State  Reformatory. 

June  6,  1898.  Edward  J.  Curry.  Sentenced  November 
10,  1897;  county,  New  York;  crime,  burglary,  third  degree; 
maximum  term,  five  years;  prison,  State  Reformatory. 

June  8,  1898.  William  Baird.  Sentenced  May  17,  1895; 
county,  Kings;  crime,  forgery,  third  degree;  maximum  term, 
five  years;  prison,  State  Reformatory. 

June  8,  1898.  James  B.  Vincent.  Sentenced  February  8, 
1895;  county,  New  York;  crime,  grand  larceny,  first  degree; 
term,  five  years;  prison,  Sing  Sing. 


PARDONS  323 

June  27,  1898.  John  Starace.  Sentenced  March  26,  1895; 
county,  New  York;  crime,  abduction;  maximum  term,  five 
years;  prison,  State  Reformatory. 

August  u,  1898.  Edward  Jacobs.  Sentenced  February  i, 
1895;  county,  Kings;  crime,  grand  larceny,  second  degree; 
maximum  term,  five  years;  prison,  State  Reformatory. 

September  16,  1898.  Alfred  Zimmerman.  Sentenced  Oc- 
tober 22,  1895;  county,  New  York;  crime,  receiving  stolen 
goods;  maximum  term,  five  years;  prison,  State  Reformatory. 

September  28,  1898.  James  H.  Warner.  Sentenced  De- 
cember 8,  1882;  county,  Tioga;  crime,  forgery,  second  degree; 
maximum  term,  ten  years;  prison,  State  Reformatory. 

October  24,  1898.  Sidney  Appel.  Sentenced  December 
7,  1896;  county,  New  York;  crime,  grand  larceny,  second  de- 
gree; maximum  term,  five  years;  prison,  State  Reformatory. 

November  3,  1898.  Irving  Collins.  Sentenced  April  10, 
1896;  county,  Erie;  crime,  manslaughter,  second  degree;  term, 
eleven  years;  prison,  Auburn.. 

November  9,  1898.  Charles  Zieres.  Sentenced  October 
24,  1896;  county,  Sullivan;  crime,  assault,  second  degree; 
term,  three  years  and  six  months;  prison,  Clinton. 

November  9,  1898.  William  D.  Davis.  Sentenced  May 
28,  1897:  county,  Niagara;  crime,  bribery;  term,  two  years 
and  four  months;  prison,  Auburn. 


324  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

November  17,  1898.  David  Lieder.  Sentenced  November 
7,  1894;  county,  Fulton;  crime,  manslaughter,  second  degree; 
term,  fifteen  years;  prison,  Clinton. 

November  21,  1898.  Thomas  S.  Burke.  Sentenced  Octo- 
ber 29,  1894;  county,  Richmond;  crime,  manslaughter,  second 
degree;  term,  ten  years;  prison,  Smg  Sing. 

November  21,  1898.  Frederick  S.  Hamilton.  Sentenced 
June  30,  1894;  county,  Essex;  crime,  forgery,  third  degree; 
maximum  term,  five  years;  prison,  State  Reformatory. 

November  21,  1898.  Daniel  Kennedy.  Sentenced  April 
29,  1892;  county,  New  York;  crime,  manslaughter,  first  de- 
gree; term,  ten  years;  prison,  Sing  Sing. 

November  21,  1898.  Daniel  Collins.  Sentenced  Decem- 
ber 8,  1897;  county,  Erie;  crime,  attempt  to  commit  robbery, 
first  degree;  term,  five  years;  prison,  Auburn. 

November  22,  1898.  George  M.  Judd.  Sentenced  Octo- 
ber n,  1897;  county,  New  York;  crime,  grand  larceny,  second 
degree;  term,  two  years  and  six  months;  prison,  Sing  Sing. 

November  23,  1898.  Augustus  Weinhill.  Sentenced  Oc- 
tober 9,  1897;  county,  Montgomery;  crime,  grand  larceny, 
second  degree;  term,  two  years;  prison,  Clinton. 

November  29,  1898.  John  Wallace.  Sentenced  December 
9,  1897;  county,  New  York;  crime,  robbery,  first  degree;  term,, 
ten  years;  prison,  Sing  Sing. 


PARDONS  325 

December  2,   1898.      Fred.   Fleming.  Sentenced  May  9, 

1898;   county,   Essex;  crime,   burglary,  third   degree;   term, 
three  years;  prison,  Clinton. 


December  6,  1898.  Michael  Callahan.  Sentenced  Octo- 
ber 20,  1893;  county,  Allegany;  crime,  burglary  and  escaping 
from  prison;  terra,  nine  years;  prison,  Auburn. 

December  6,  1898.  Thomas  Greely.  Sentenced  January 
10,  1896;  county,  New  York;  crime,  receiving  stolen  goods; 
maximum  term,  five  years;  prison,  State  Reformatory;  trans- 
ferred to  Auburn. 

December  6,  1898.  George  H.  Ogle.  Sentenced  Febru- 
ary 4,  1886;  county,  New  York;  crime,  murder,  second  de- 
gree; term,  life;  prison,  Sing  Sing. 

December  8,  1898.  Dennis  Pemberton.  Sentenced  No- 
vember 2,  1882;  county,  Niagara;  crime,  murder,  second  de- 
gree; term,  life;  prison,  Auburn. 

December  13,  1898.  Michael  O'Donnell.  Sentenced 
April  30,  1888;  county,  New  York;  crime,  burglary,  first  de- 
gree; term,  thirty  years;  prison,  Sing  Sing. 

December  14,  1898.  Albert  P.  Wicks.  Sentenced  Febru- 
ary 19,  1896;  county,  Ontario;  crime,  grand  larceny,  first 
degree;  term,  six  years;  prison,  Auburn. 

December  19,  1898.  Frederick  J.  Munzberg.  Sentenced 
November  17,  1880;  county,  New  York;  crime,  murder,  sec- 
ond degree;  term,  life;  prison,  Sing  Sing. 


326  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

December  27,  1898.  Charles  Darling.  Sentenced  Septem- 
ber 1 6,  1895;  county,  Rensselaer;  crime,  grand  larceny,  second 
degree;  maximum  term,  five  years;  prison,  State  Reformatory. 

December  30,  1898.     John  Cronin.     Sentenced  December 

23,  1895;  county,  Monroe;  crime,  arson,  third  degree;  term, 
seven  years;  prison,  Auburn. 

December  30,  1898.     John  Dormody.     Sentenced  October 

24,  1893;  county,  Rensselaer;  crime,  robbery,  first  degree;  sec- 
ond offense;  term,  twenty  years;  prison,  Clinton. 

December  30,  1898.     Frederick  A.  Cole.     Sentenced  April 

25,  1898;  county,  Monroe;  crime,  grand  larceny,  first  degree; 
term,  three  years  and  three  months;  prison,  Auburn. 

December  30,  1898.  Frederick  M.  Kitching.  Sentenced 
November  29,  1897;  county,  Kings;  crime,  grand  larceny, 
second  degree;  term,  five  years;  prison,  Sing  Sing. 

December  30,  1898.  William  R.  Lansing.  Sentenced  Janu- 
ary 29,  1898;  county,  Monroe;  crime,  forgery,  second  degree; 
term,  three  years;  prison,  Auburn. 

December  31,  1898.  Philip  Alwell.  Sentenced  February 
20,  1879;  county,  Washington;  crime,  murder,  second  degree; 
term,  life;  prison,  Clinton. 

December  31,  1898.  George  Mulkins.  Sentenced  March 
13,  1884;  county,  Dutchess;  crime,  murder,  second  degree; 
term,  life;  prison,  Sing  Sing. 


COMMUTATIONS. 


May  19,  1898.  John  Williams.  Sentenced  February  15, 
1897;  county,  New  York;  crime,  robbery,  first  degree;  term, 
twenty  years;  prison,  Sing  Sing". 

Commuted  to  ten  years,  subject  to  legal  deducting  for  good 
conduct. 

June  3,  1898.  Michael  Russo  or  Rossa.  Sentenced  De- 
cember 9,  1887;  county,  Yates;  crime,  murder,  second  degree; 
term,  life;  prison,  Auburn. 

Commuted  to  twenty  years,  subject  to  legal  deduction  for 
good  conduct. 

June  8,  1898.  Roselle  W.  Mitchell.  Sentenced  February 
9,  1893;  county,  Oneida;  crime,  murder,  second  degree;  term, 
life;  prison,  Auburn. 

Commuted  to  ten  years  subject  to  legal  deduction  for  good 
conduct. 

June  21,  1898.  George  W.  Post.  Sentenced  November 
28,  1892;  county,  Albany;  crime,  robber}-,  first  degree;  term, 
ten  years;  prison,  Clinton. 

Commuted  to  eight  years  and  six  months,  subject  to  legal 
deduction  for  good  conduct. 


328  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

October  17,  1898.  Louis  Gordon.  Sentenced  February 
7,  1896;  county,  New  York;  crime,  arson,  third  degree;  term, 
six  years  and  ten  months;  prison,  Sing-  Sing. 

Commuted  to  three  years  and  nine  months,  subject  to  legal 
deduction  for  good  conduct. 

October  19,  1898.  Leon  Graves.  Sentenced  July  30,  1897; 
county,  New  York;  crime,  robbery,  first  degree;  term,  eigh- 
teen years ;  prison,  Sing  Sing. 

Commuted  to<  two  years  and  six  months,  subject  to  legal 
deduction  for  good  conduct. 

December  i,  1898.  Henry  Levy.  Sentenced  February  8, 
1897;  county,  New  York;  crime,  arson,  third  degree;  term, 
five  years;  prison,  Sing  Sing. 

Commuted  to  three  years,  subject  to  legal  deduction  for 
good  conduct. 

December  6,  1898.  William  J.  Rourke.  Sentenced  Feb- 
ruary 28,  1887;  county,  New  York;  crime,  murder,  second  de- 
gree; term,  life;  prison,  Sing  Sing. 

Commuted  to  twenty  years,  subject  to  legal  deduction  for 
good  conduct. 

December  9,  1898.  Bartholomew  Mahoney.  Sentenced 
September  27,  1886;  county,  Rensselaer;  crime,  murder,  sec- 
ond degree;  term,  life;  prison,  Clinton. 

Commuted  to  twenty  years  and  ten  months,  subject  to  legal 
deduction  for  good  conduct. 


COMMUTATIONS  OF  SENTENCE  329 

December  30,  1898.  Burton  C.  Webster.  Sentenced  Oc- 
tober 3,  1892;  county,  New  York;  crime,  manslaughter,  first 
degree;  term,  nineteen  years;  prison,  Sing  Sing. 

Commuted  to  ten  years,  subject  to  legal  deduction  for  good 
conduct. 

December  30,  1898.  Diadora  Barillo.  Sentenced  June  29, 
1892;  county,  Orange;  crime,  murder,  second  degree;  term, 
life;  prison,  Sing  Sing. 

Commuted  to  ten  years,  subject  to  legal  deduction  for  good 
conduct. 

December  30,  1898.  Joseph  Block  alias  George  Block. 
Sentenced  July  17,  1898;  county,  Kings;  crime,  burglary,  first 
degree,  and  grand  larceny,  second  offense;  term,  life;  prison, 
Sing  Sing. 

Commuted  to  ten  years,  subject  to  legal  deduction  for  good 
conduct. 


PUBLIC    ADDRESSES 


AND 


CORRESPONDENCE 

OF 

GOVERNOR  FRANK  S.  BLACK 


IN 


1897    AND     1898 


ADDRESSES 


INAUGURAL  ADDRESS  DELIVERED  IN  THE  ASSEMBLY  CHAM- 
BER OF  THE  CAPITOL  AT  ALBANY,  JANUARY  i,  1897 
GOVERNOR  MORTON:  The  sentiments  which  you  have 
uttered  would  be  agreeable  from  any  source,  but  they  have 
an  added  value  and  significance  coming  from  you,  for  many 
years  a  conspicuous  public  figuse.  In  these  days,  when 
criticism  has  passed  down  into  denunciation  and  fitness  is 
too  often  measured  by  the  power  to  bestow,  the  task  of  pub- 
lic office  has  become  arduous  and  full  of  danger,  but  it  is  to- 
day your  singular  fortune  to  lay  off  the  robes  of  public 
station  with  a  larger  share  of  affection  and  respect  than  is 
often  bestowed  upon  a  retiring  public  servant.  If  your  offi- 
cial acts  have  not  always  met  the  people's  approval,  you  have 
at  least  never  lost  the  people's  confidence.  And  no  higher 
testimonial  can  be  written  of  any  man  than  this,  that  in  these 
contentious  times  he  stood  at  the  spot  where  every  conflict 
centered,  and  so  commanded  and  disposed  as  never  to  relax 
his  hold  upon  the  faith  of  those  who  trusted  him  with  power. 
This  great  measure  of  satisfaction  and  reward  now  belongs 
to  you,  and  as  you  retire  to  enjoy  it  and  to  share  the  pride 
of  its  achievement  with  those  whose  close  companionship  will 
hereafter  surround  and  sustain  you,  I  hope  you  will  indulge 


334  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

me  the  high  privilege  of  adding  to  the  general  applause  my 
own  expressions  of  approbation,  not  unmixed  with  personal 
sentiment. 

FELLOW  CITIZENS:  A  voyager  leaving  the  first  shore  may 
depart  followed  by  the  hopes  and  loud  acclaim  of  those  who 
fitted  out  the  ship,  but  if  you  listen  intently  to  the  tumult  and 
the  music  you  may  find  the  note  of  confidence  left  out.  You 
must  wait  for  that  until  he  has  returned.  Perhaps  you  may 
never  hear  it,  but  if  it  is  lacking  at  the  beginning  of  the 
voyage,  let  us  hope  to  find  it  at  the  close.  However  meagre 
may  be  the  signs  of  promise  now.  there  is  this  which  is  not 
without  hope:  No  executive  this  year  will  take  the  oath  of 
office  under  a  deeper  sense  of  responsibility  than  he  who 
now  assumes  with  diffidence  the  great  and  unaccustomed 
burdens  which  the  people  of  this  State  have  imposed.  Your 
counsel  in  all  matters  relating  to  the  welfare  of  the  State  must 
always  be  received  by  those  who  realize  that  the  first  duty 
of  a  public  servant  is  to  guard  the  public  interest.  I  shall 
strive  during  my  career  as  Governor  to  be  faithful  in  the 
performance  of  that  trust  upon  which  I  now  enter.  To  be 
watchful  of  the  people's  welfare  and  to  execute  their  will, 
will  l)e  my  earnest  purpose,  for  in  them  abides  the  supreme 
command,  and  from  them  the  last  order  must  always  come. 
And  with  this  intention  to  serve  you  T  shall  associate,  as  far 
as  I  am  able,  the  right  of  judgment  and  the  sense  of  personal 
accountability  which  must  always  accompany  the  executive 
station. 


INAUGURAL  ADDRESS  335 

No  mistaken  sense  of  power  will  prevent  that  just  and  care- 
ful treatment  which  is  every  citizen's  due.  No  pride  of  opin- 
ion will  retard  the  fullest  recognition  and  acknowledgment 
of  any  view  that  may  tend  to  the  public  good,  and  no  intol- 
erant clamor  or  irresponsible  assault  will  force  or  prevent  a 
single  executive  act.  For  I  trust  that  no  man  believes  the 
attribute  of  fear  is  worthy  to  play  a  part  in  the  dischage  of 
any  public  duty. 

This  government  rests  upon  a  foundation  in  which  mutual 
tolerance  is  a  chief  support.  The  recognition  of  this  ad- 
hesive power  has  built  up  upon  this  continent  a  government 
so  unique  and  strong  that  no  shock  of  foreign  revolution  or 
disaster  has  disturbed  it,  and  even  the  clash  and  turbulence 
of  civil  war  have  not  destroyed  it.  The  foundations  of  our 
government  are  laid  secure  and  deep,  but  a  structure  which 
even  war  could  not  overthrow  may  yield  to  intolerance  and 
distrust.  There  are  those  who  believe  they  see  those  images 
and  potents  that  predict  a  storm.  There  are  marks  which  I 
fear  point  to  increasing  dissatisfaction  and  unrest.  Mar- 
velous as  our  growth  has  been,  we  have  not  passed  the  point 
where  human  motives  still  control  us  and  where  human  pas- 
sions must  be  kept  in  check. 

History,  always  repeating  itself  in  circles,  will  distinguish 
that  as  the  most  enlightened  government  yet  known  which 
ha?  so  cultivated  and  raised  its  people  up  that  they,  secure  in 
mutual  honor  and  esteem,  will  dare  exhibit  to  the  world  for- 
bearance as  the  highest  proof  of  courage. 


336     PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

I  hope  there  is  before  us  a  distinction  greater  than  which 
no  people  ever  strove  to  reach;  it  is  that  when  the  next  circle 
of  wars  is  traced  upon  the  earth,  the  American  nation  shall 
stand  outside  the  baneful  ring.  There  is  upon  us  all  a  duty 
to  curb  the  unbridled  speech  and  act  whose  tendency  is  to 
weaken  and  dissever,  and  to  cultivate  that  reason  and  care- 
ful moderation  which  shall  draw  and  hold  us  near  together 


ADDRESS  BEFORE  THE  MEMBERS  OF  THE  UNIVERSITY  CON- 
VOCATION IN  THE  SENATE  CHAMBER,  JUNE  28,   1897 

MR.  CHAIRMAN  AND  MEMBERS  OF  THE  CONVENTION:  The 
interest  felt  in  education  marks  the  development  of  the  com- 
munity. Industry  and  even  progress,  to  a  considerable  de- 
gree and  in  various  ways,  may  exist  where  the  standard  of  edu- 
cation is  commonplace.  But  the  larger  forces  that  push 
out  and  conquer,  that  dispel  darkness  and  build  temples, 
and  make  the  fondest  dreams  seem  reasonable  ambitions, 
must  rest  upon  the  base  of  high  and  conscientious  scholar- 
ship. The  structure  of  education  in  this  country  has  been 
reared  at  great  cost,  and  in  this  cost  the  element  of  money 
is  but  a  grain  upon  the  shore.  It  is  the  labor,  the  thought,  the 
sacrifice,  the  patience,  burned  into  it  from  the  foundation 
to  the  towers,  that  have  given  it  its  grandeur,  strength  and 
permanence.  Parts  of  it  may  sometimes  be  weak,  but  you 
must  strengthen  them,  for  in  that  temple  is  the  hope  of  the 
race.  Our  obligations  to  the  studious  and  thoughtful  have 


UNIVERSITY  CONVOCATION  337 

always  been  acknowledged.  Energy  and  determination  in 
an  individual  will  seldom  succeed  unless  guided  by  prudence. 
The  courage  and  strength  of  a  Nation  give  little  assurance 
of  security  unless  tempered  by  wisdom. 

I  sometimes  doubt  whether  the  obligation  of  the  State  to 
the  scholar  is  as  great  as  it  used  to  be.  In  the  earlier  days 
of  the  Republic,  the  statesman,  the  politician  and  the  scholar 
were  the  same.  What  any  man  possessed  of.  education  or 
enlightenment  was  devoted  freely  to  his  country.  His  indi- 
vidual attainments  were  his  country's  gain  and  at  his  country's 
service.  It  sometimes  seems  as  though  the  scholar's  path 
is  narrowing  as  he  advances.  If  that  be  true,  it  is  not  a 
promise  but  a  danger.  As  the  world  enlarges,  the  scholar 
should  broaden  with  the  rest.  He  should  grow  to  the  size 
of  a  statesman,  and  not  shrink  to  the  crippled  stature  of  a 
critic.  Scholarship  is  degraded  unless  joined  with  charity 
and  sense.  Her  domain  should  be  the  whole  world,  her  sub- 
ject the  whole  race,  and  she  should  be  ashamed  to  let  her 
voice  be  always  prophetic  of  misfortune.  Evils  exist  in  the 
world,  but  men  are  very  rare  who  have  not  heard  of  that. 
The  need  is  for  correction  and  for  aid  to  those  who  are  will- 
ing to  attempt  it.  If  a  fire  rages  the  call  is  not  for  one  to 
tell  how  it  could  have  been  prevented  or  to  chide  those  who 
fight  it,  but  for  help  to  put  it  out.  It  should  be  quenched  first 
and  discussed  aftenvards.  One  fighter  on  the  spot  is  worth  a 
thousand  critics  at  home. 

Scholars  are  going  deeper  and  deeper  every  year,  but  the 
world  would  forgive  them  for  not  going  so  deep  if  they  would 


338  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

only  have  more  breadth.  If  they  dig  wisely  they  may  ac- 
complish much,  but  little  good  is  done  by  those  who  only 
burrow.  The  latter  come  to  the  surface  only  often  enough  to 
be  astonished  without  comprehending.  A  partial  compre- 
hension makes  many  critics  but  no  masters.  Scholars  should 
stay  up  in  the  light  even  though  the  sun  be  warm.  They 
are  confined  too  much  in  the  study  and  are  not  enough  out  in 
the  sun.  They  learn  too  much  from  books  and  not  enough 
from  experience.  They  rely  too  much  upon  what  a  thing  is 
said  to  be  instead  of  what  it  is.  We  have  reached  a  period 
when  not  everything  reported  is  certain  to  be  true.  If  the 
scholar  would  sometimes  mingle  in  the  current  of  affairs, 
would  step  down  from  the  shades  of  the  bank  and  let  that 
current  touch  him,  he  would  know  after  that  that  not  every 
man  who  enters  the  current  goes  over  the  dam.  If  he  en- 
ters resolutely  and  works  well  he  may  bring  some  rubbish 
ashore,  and  even  if  the  stream  appears  not  to  have  been  im- 
proved much  where  he  stands,  it  will  be  clearer  below. 

I  wish  every  scholar  in  the  country  would  enter  politics. 
If  he  did  there  would  be  no  danger  of  harm  to  him,  while  the 
gain  to  his  country  would  be  lasting  and  substantial.  There 
are  abuses  to  be  corrected,  but  nothing  will  correct  them  but 
work,  and  work  can  never  be  effective  unless  the  efforts  of 
many  are  combined.  All  those  struggling  for  the  same  des- 
tination should  be  willing  to  reach  it  even  by  different  roads, 
and  each  should  remember  that  losing  sight  of  another  who 
has  preceded  by  a  different  path  is  no  proof  that  that  other 


ARMY  OF  THE  POTOMAC  339 

has  turned  back.  Nothing  should  ever  be  based  upon  im- 
pulse if  conviction  can  be  attained.  The  same  forces  aided 
by  toleration  will  win  a  thousand  times  and  the  next  thousand 
times,  governed  by  distrust,  will  fail. 

I  have  no  right  to  speak  to  you  as  a  scholar,  for  I  claim 
only  to  have  once  started  in  that  career,  while  you  have  pur- 
sued it  all  your  lives,  but  I  yield  to  no  one  in  my  admiration 
for  the  scholar  and  his  work,  and  I  rely  upon  this  feeling 
to  be  my  excuse  to  you  for  this  admonition;  think  not 
only  of  what  you  have  done,  but  also  of  the  splendid  possi- 
bilities which  your  place  opens  to  you;  remember  not  only 
the  power  that  rests  upon  your  shoulders  as  an  educator, 
but  also  that  the  duty  of  a  citizen  rests  beside  it.  If  you  are 
stronger  than  others,  more  can  rightfully  be  demanded  of 
you,  and  above  all  things  remember  this,  that  confidence  is 
better  than  distrust,  better  as  a  weapon  for  you,  better  to 
encourage  others  who  bear  and  realize  responsibility. 


ADDRESS  BEFORE  THE  ARMY  OF  THE  POTOMAC  IN  Music 
HALL,  TROY,  ox  AUGUST   19,   1897 

MR.  PRESIDENT  AND  MEMBERS  OF  THE  SOCIETY  OF  THE 
ARMY  OF  THE  POTOMAC:  You  will  be  welcomed  for  the 
city  and  it  is  my  privilege  to  extend  to  you  a  cordial  wel- 
come for  the  State.  An  honor  coveted  by  every  State  in 
the  Union  has  been  bestowed  upon  Troy. 


34°     PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

The  annual  ceremonies  of  the  Society  of  the  Army  of  the 
Potomac  have  become  historic.  The  roll  of  its  presidents 
includes  the  names  of  soldiers  who  will  always  be  illustrious 
in  the  records  of  military  achievements.  The  deeds  of  that 
Army  whose  glory  this  Society  perpetuates  are  among  the 
greatest  of  the  Civil  War.  Yet  the  privilege  of  the  city  is 
not  in  receiving  you  only,  great  as  that  honor  alone  would  be, 
but  it  is  increased  by  the  presence  here  of  one  whose  career 
as  a  soldier  and  a  statesman  has  fitted  him  to  revive,  in  the 
presidential  office,  the  best  traditions  of  that  high  place.  We 
welcome  with  ample  hospitality  the  President  of  the  United 
States,  but  in  that  welcome  enters  largely  a  feeling  of  per- 
sonal respect  and  confidence  for  the  dignity  and  character 
of  William  McKinley. 

These  meetings  every  year  emphasize  the  value  of  that 
cause  for  which  you  once  contended,  and  by  reminding  others 
of  the  stress  and  hardships  through  which  you  have  passed, 
will  render  them  more  thoughtful  and  forbearing. 

I  am  glad  it  is  the  fortune  of  the  city  to  receive  you  now, 
for  every  year  your  ranks  are  growing  thinner  and  faces 
long  familiar,  will  soon  have  passed  away.  The  debt  will  be 
ours,  should  it  ever  be  your  pleasure  to  visit  us  again,  but  if 
that  visit  is  not  in  store,  I  wish  you  to  carry  away  with  you 
the  knowledge  of  our  gratitude  for  your  past  achievements, 
our  pleasure  at  your  presence  now.  and  our  fervent  wish  for 
the  joy  and  comfort  of  your  future. 


G.  A.  R.  CAMP-FIRE  341 

ADDRESS  OF  WELCOME  TO  THE  COLUMBIA  POST  OF  CHICAGO, 

AT  BUFFALO,  AUGUST  24,  1897 

MR.  PRESIDENT  AND  GENTLEMEN:  The  Columbia  Post 
of  Chicago  has  permitted  me  to  extend  to  its  guests  a  wel- 
come to  the  State  of  New  York.  In  discharging  this  agree- 
able task  I  wish  first  to  extend  to  the  Post  my  own  acknowl- 
edgment of  its  favor  and  to  'make  at  least  some  imperfect 
expression  o!  my  pleasure  at  meeting  its  members  within 
this  State.  To  all  its  distinguished  guests  I  am  glad  to  offer 
the  assurance  that  their  presence  here  will  be  among  the 
gratefully  remembered  events  in  the  history  of  the  city  and 
the  State.  To  the  soldier  there  is  always  welcome  wherever 
the  recollection  of  heroic  deeds  survives,  and  as  the  time 
grows  longer  since  the  turmoil  and  struggle  of  war,  the 
magnitude  of  the  soldier's  service  grows  more  clear  and  the 
people's  gratitude  more  profound.  To  President  McKinley 
I  have  already  extended  welcome  on  more  than  one  occasion, 
but  I  extend  it  again  with  growing  satisfaction,  for  every 
meeting  has  increased  my  regard  and  every  welcome  has 
grown  more  sincere. 


REMARKS  AT  THE  G.  A.  R.  CAMP-FIRE  AT  BUFFALO,  AUGUST 

24,   1897 

FELLOW  CITIZENS  AND  MEMBERS  OF  THE  GRAND  ARMY 
OF  THE  REPUBLIC:  Meetings  like  this  must  revive  in  your 
remembrance  scenes  which  the  present  generation  will  never 
understand.  The  sympathy  and  admiration  of  the  world 


342     PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

are  with  you,  but  sympathy  can  never  show  to  us  what  ex- 
perience has  shown  to  you.  The  struggles,  privations,  suffer- 
ings and  dangers  always  present  —  to  these  things  there  is 
a  force  and  vividness  which  these  occasions  must  recall.  No 
one  but  the  sailor  remembers  the  terrors  of  shipwreck,  and  no 
sympathy  is  so  keen  as  his  for  those  who  went  down  in  the 
storm.  No  one  but  the  soldier  remembers  the  hopeless  priva- 
tions of  war  or  knows  so  well  the  pathos  of  an  unrecorded 
burial.  But  if  we  cannof  fully  understand  we  can  always 
feel,  and  even  to  you,  old  soldiers,  we  shall  not  yield  in  praises 
for  the  dead  and  in  honor  and  affection  for  the  living. 


REMARKS  AT  RECEPTION  TO  HIM  BY  G.  A.  R.,  DEPARTMENT 
OF  N.  Y.,  AT  BUFFALO,  THURSDAY  EVENING,  AUG.  24,  1897 

GENTLEMEN  OF  THE  GRAND  ARMY  OF  THE  REPUBLIC,  DE- 
PARTMENT OF  NEW  YORK:  Many  years  ago  you  demon- 
strated to  your  countrymen  your  bravery  and  power  in  time  of 
war.  You  have  since  that  eventful  period  impressed  your- 
selves upon  all  the  varying  interests  of  civil  life,  and  you  are 
now  binding  closer  together  the  faltering  remnants  of  your 
beloved  army,  by  the  touching  hospitality  which  in  your  own 
State  you  have  extended  to  your  veteran  companions.  I  hope 
these  reunions  will  never  cease  as  long  as  gray-haired  soldiers 
live  with  strength  enough  to  come  together  and  revive  in  each 
other's  fading  memory  their  deeds  of  glory  and  of  sacrifice. 
The  declining  years  of  human  life  too  often  hold  but  little  to 


GRAND  ARMY  OF  REPUBLIC  343 

encourage  and  sustain.  Departing  strength  will  always  mean 
increasing  sorrow,  and  the  last  years  of  these  quiet,  unpre- 
tending heroes  should  be  brightened  by  the  knowledge  fre- 
quently conveyed,  that  they  are  still  held  in  the  people's  warm 
and  tender  recollection. 

I  never  look  upon  an  aged  soldier  that  there  do  not  arise 
in  me  thoughts  that  cannot  find  expression.  His  uniform  so 
old,  discolored,  faded,  and  yet  so  proudly  worn,  have  to  me  a 
meaning  and  a  pathos  that  no  other  sight  suggests.  Perhaps 
my  feelings  are  not  thoughts,  but  only  those  emotions  deep 
and  lasting,  which  sweep  across  the  mind  and  heart  in  the 
serious  contemplation  of  great  deeds. 

I  thank  you  for  your  words  of  kindness  addressed  through 
your  commander  to  me,  and  I  ask  you  to  accept  in  reply  my 
assurance  that  I,  in  common  with  every  loyal  citizen  of  every 
State,  acknowledge  my  respect  for  the  soldiers  of  the  Grand 
Army  of  the  Republic. 


ADDRESS  BEFORE  THE  GRAND  ARMY  OF  THE  REPUBLIC  AT 

BUFFALO,  AUGUST  25,  1897 

MR.  PRESIDENT,  MEMBERS  OF  THE  GRAND  ARMY  OF  THE 
REPUBLIC  AND  FELLOW  CITIZENS:  The  struggle  of  the  hu- 
man race  should  be  to  reach  that  plane  in  civilization  where 
the  horrors  of  the  world  will  not  include  the  savage  crime 
of  war.  We  have  not  reached  it  yet.  but  let  us  hope  the 
prayers  of  all  the  generations  that  have  passed  will  find  com- 
plete fulfillment  in  the  future.  Perhaps  the  genius  of  inven- 


344  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

t:on  may  discover  implements  of  war  so  powerful  and  fatal 
that  men  dare  not  engage  in  armed  contention.  If  war 
meant  almost  certain  death  to  those  who  entered  it,  the  Chris- 
tian's zeal,  the  statesman's  skill  and  the  strong  desire  of  all 
mankind  to  live,  might,  joined  together,  uphold  the  cause 
of  peace.  No  other  Union  can  maintain  a  long  continued 
National  repose,  for  the  rivalries  of  men  will  overstep  the 
bounds  of  prudence  and  integrity,  and  ambition  halts  before 
no  enemy  except  the  fear  of  death. 

It  has  many  times  transpired  in  the  uncertain  progress  of 
the  world  that  the  crisis  of  a  Nation  has  been  decided  by  its 
soldiers,  and  the  value  of  that  decision  has  depended  upon 
the  character  of  the  victorious  soldier  and  his  power  to  im- 
prove and  command  himself;  for  after  all  is  said  of  the  splen- 
dor and  fascination  of  war  its  only  glory  lies  in  the  cause  for 
which  it  was  maintained  and  in  the  hope  established  by  it  of 
a  broader  civilization  and  a  profounder  peace. 

Fortunate  beyond  any  time  or  people  has  been  the  Amer- 
ican people  in  the  character  of  its  soldiers,  and  more  for- 
tunate still  has  been  the  American  soldier  in  the  marvelous 
achievements  he  has  wrought. 

The  reward  to  his  country  appears  in  the  increasing 
strength  of  a  re-united  people,  and  in  every  household  in 
the  land  in  the  enlarged  freedom  of  the  citizen.  To  the  sol- 
dier for  his  courage  and  his  sacrifice  his  country  extends  that 
affectionate  gratitude  which  will  always  be  the  spring  at 
which  every  high  and  tender  inspiration  will  be  renewed. 


GRAND  ARMY  OF  REPUBLIC  345 

1  he  people's  willingness  to  confess  their  obligation  no  soldier 
will  gainsay  or  doubt  who  saw  the  exhibition  made  not  long 
ago  in  honor  of  their  most  distinguished  general.  The  cele- 
bration of  that  day  and  the  pomp  and  ceremony  that  attended 
it  is  an  event  to  which  the  minds  of  patriots  will  constantly 
recur.  To  see  what  few  who  ever  lived  have  seen  was  the 
high  but  solemn  privilege  of  those  who  beheld  that  demon- 
stration. Hour  after  hour  the  multitude,  with  sober  and 
intent  demeanor  moved  in  one  continuous  tribute  of  venera- 
tion and  respect.  From  every  state  and  city  and  from  those 
remoter  regions  where  only  matters  of  serious  import  pene- 
trate, the  citizens  of  every  rank  and  circumstance  were  moved 
to  come.  Youth  and  old  age  then  walked  together  side  by  side. 
The  gauze  and  decoration  of  military  display  were  mingled 
with  those  soldiers  whose  homely  uniforms  were  long  since 
christened  by  smoke  and  fire. 

But  all  then  felt  and  yielded  to  a  single  inspiration.  The 
strength  and  virtue  of  society  depend  upon  the  force  of  obli- 
gations recognized  and  the  highest  of  these  obligations  is 
that  imposed  by  gratitude,  the  only  one  that  cannot  be  en- 
forced; not  within  the  realm  of  contract  or  expression,  it 
is  beyond  and  supreme.  And  no  profounder  lesson  could 
be  taught  than  this,  by  the  unexampled  pageant  of  that  day, 
that  many  years  after  his  deeds  were  done  and  when  his 
rugged  face  lived  only  through  the  mercy  of  the  chisel  and 
the  brush,  his  countrymen  still  bearing  their  benefactor  in 
their  hearts  were  gathered  from  every  quarter  of  the  republic 


346      PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

to  pay  their  homage  at  his  tomb.  His  achievements  and  yours 
were  their  salvation.  His  fame  and  yours  are  their  posses- 
sion. They  have  enjoyed  the  blessings  of  one,  the  other 
they  will  cherish  and  defend. 

In  this  age  and  country  great  names  abound  which  time 
will  not  obliterate  nor  dim  and  among  those  names  can  be 
seen  from  every  section  of  the  globe  the  name  of  Grant. 
Yet  he  was  neither  scholar  nor  statesman,  but  a  soldier, 
carved  like  all  heroic  figures,  in  strong  lines  for  dangerous 
altitudes  and  great  purposes.  As  we  move  away  from  him 
and  years  and  events  pass  between  us  his  outline  will  still 
be  visible  and  distinct.  Such  characters  built  upon  courage 
and  faith  and  that  loyalty  which  is  the  seed  of  both,  are  not 
the  playthings  but  the  masters  of  time.  His  benefactions 
have  passed  away  and  their  memory  may  grow  obscure,  but 
his  fame  will  continue  forever.  His  place  among  the  great- 
est of  his  countrymen  is  fixed  for  it  was  he  of  whom  his 
friend  once  justly  said,  his  name  rests  not  upon  the  unsub- 
stantial basis  of  things  written  or  things  said,  but  upon  the 
arduous  greatness  of  things  done. 

To  every  brave  and  honest  soldier,  though  his  fame  be 
less,  his  countrymen  extend  the  full  measure  of  esteem,  and 
to  every  soldier  here,  whatever  his  rank  may  be,  I  extend  the 
cordial  welcome  of  the  State,  remembering  that  they  who  do 
not  wear  the  badge  of  office  may  still  wear  the  decoration 
of  noble  service  well  performed;  for  power  is  not  proclaimed 
by  title  nor  heroes  made  by  stars  or  epaulets. 


STATE  FAIR  AT  SYRACUSE  347- 

There  is  one  soldier  here  in  whose  welcome  every  citizen 
will  join  with  unequaled  zeal  and  fervor.  Not  alone  because 
he  holds  the  highest  office  in  the  world  but  because  his 
character,  unspotted  through  all  his  years,  his  impulses  strong 
and  high,  his  whole  life  by  its  unobtrusive  power,  have 
ennobled  and  enriched  the  office  which  he  holds. 


ADDRESS  AT  THE  STATE  FAIR  AT  SYRACUSE,  AUGUST 

MR.  PRESIDENT.,  LADIES  AND  GENTLEMEN:  I  am  glad 
to  meet  the  representatives  of  the  farming  interests  of  New 
York.  I  have  seen  in  various  signs  for  the  past  few  weeks 
the  appearance  of  that  confidence  whose  departure  but  a  few 
years  ago,  was  so  sudden  and  complete.  With  re-established 
confidence,  prosperity,  \vhich  must  always  rest  upon  it,  will 
be  general  and  secure,  and  our  business  men  no  longer  fear- 
ful of  the  changes  of  a  single  night,  will  not  hold  their 
breath  in  apprehension  when  the  sun  goes  down. 

To  you  farmers  this  change  that  is  coming  with  unmis- 
takable advance  will  be  welcome  and  deserved.  Your  lot 
has  been  surrounded  with  many  difficulties,  and  I  am  glad 
that  the  time  is  coming  when  your  suspense  already  much 
too  long,  is  drawing  to  a  close.  I  am  glad  to  meet  you  here, 
and  to  join  with  you  in  your  mutual  congratulations.  I  had 
no  expectation  of  addressing  you,  but  I  should  have  long 
regretted  it  if  I  could  not  have  overcome  the  obstacles  which 
seemed  likely  to  prevent  this  visit,  for  with  you  and  all  far- 
mers I  feel  a  close  alliance  and  a  deep  and  lasting  interest. 


348  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

ADDRESS  AT  THE  COUNTY  FAIR  AT  LOWVILLE    SEPTEMBER 


MR.  CHAIRMAN,  LADIES  AND  GENTLEMEN:  I  have  never 
made  long  speeches  except  to  my  enemies,  and  I  have  every 
reason  to  believe  that  the  people  of  Lewis  county  are  my 
friends,  and  for  that  reason  I  shall  not  inflict  a  speech.  I 
believe  it  is  a  bad  policy  to  spoil  a  good  visit  with  a  poor 
speech.  This  visit  promises  to  be  one  of  the  most  agreeable 
I  have  had.  I  intended  last  year  to  visit  Lowville  at  the 
time  of  your  fair,  and  I  am  glad  that  it  was  simply  a  postpone- 
ment and  not  a  complete  denial.  This  section  has  always 
possessed  for  me  a  strong  interest.  It  is  located  near  the 
forests  and  streams,  and  that  adds  to  its  attractiveness. 
Its  merits  are  not  described  by  its  beauty  alone,  for  the  agri- 
cultural and  mechanical  industries  of  this  territory  are  pros- 
perous and  active.  I  feel  myself  repaid  for  coming  by  the 
evidences  I  have  seen  of  your  handiwork  and  thrift  and  es- 
pecially for  the  very  cordial  greeting  you  have  given  me. 


REMARKS  AT  THE  COUNTY  FAIR  AT  MALONE,  OCTOBER  6, 

1897 

MR.  PRESIDENT,  LADIES  AND  GENTLEMEN:  In  my  youth 
I  often  heard  of  the  independence  of  the  farmer's  life.  The 
countless  avenues  of  industry  open  in  the  East  within  the 
last  few  years,  and  the  vast  expanse  of  fertile  territory  af- 
forded by  the  West,  have  modified  this  former  independ- 


HAMILTON  COLLEGE  349 

ence  in  many  ways.  The  uplands  of  the  New  England  States 
are  not  tilled  by  people  as  they  were,  and  in  New  York  the 
inducements  to  agriculture  have  gradually  fallen  away.  I 
believe  we  have  touched  the  lowest  point,  and  that  from  now 
on  we  shall  steadily  gain.  Farmers  will  feel  with  all  others 
that  encouragement  which  is  now  general  and  well  founded. 
The  welfare  of  the  farmer  is  of  the  highest  interest  to  every 
patriotic  citizen,  for  the  farm  is  the  never-failing  source  of 
that  sobriety,  thrift  and  independence  without  which  the 
highest  characters  are  never  formed.  For  these  no  other 
place  has  ever  equalled  it,  and  agriculture  is  the  bottom  upon 
which  all  other  industries  must  rest. 


ADDRESS  AT  HAMILTON  COLLEGE,  CLINTON,  NOVEMBER   16, 

1897 

MR.  PRESIDENT  AND  GENTLEMEN:  Every  school  will  re- 
joice -vith  you  at  the  great  prosperity  which  now  distinguishes 
the  career  of  Hamilton  College.  And  when  the  schools  re- 
joice the  country  must  pay  attention,  for  in  the  halls  and  at 
the  desks  are  now  developing  those  forces  on  which  the  wel- 
fare of  the  future  will  depend.  Struggle  is  always  the  order 
of  existence.  It  is  the  price  we  pay  for  living.  It  extends 
to  every  spot  where  natural  laws  hold  sway.  The  centres 
of  trade  and  population  are  no  more  its  subjects  than  the 
remote  and  sheltered  crevice,  where  the  smallest  forms  of  life 
contend  for  sustenance.  Contention  is  the  root  of  every  en- 
terprise and  the  cause  of  many  failures.  A  blessing  to-day, 


350  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

a  curse  to-morrow,  it  is  still  the  order  everywhere.  We  can- 
not change  this  tendency,  for  it  is  fixed  and  immutable,  and 
the  motions  of  the  universe  depend  upon  it.  But  insignifi- 
cant as  we  are,  we  may  still  impress  ourselves  upon  and  in 
some  measure  guide  the  forces  whose  influence  wifi  be  felt 
forever.  We  cannot  stop  the  war,  but  we  can  aid  whichever 
side  we  choose.  Character,  charity,  the  graces  and  sublim- 
ities of  life  are  not  so  high  but  that  every  man  can  crowd 
them  up  a  little  higher,  and  after  all  is  said,  these  are  the 
great  things  for  which  the  wise  and  valiant  have  always 
.striven. 

Through  all  the  history  of  the  world  the  struggle  has  been 
mainly  between  the  upper  and  the  under.  Equality  will 
never  be  maintained.  One  must  have  the  mastery.  In  this 
fact  lies  the  scholar's  opportunity.  He  may  throw  his  strength 
for  education  in  the  fight  against  ignorance,  for  integrity 
against  dishonor.  He  will  have  much  to  do,  for  the  forces 
against  him  are  naturally  stronger  than  his  own.  In  the 
struggle  between  vice  and  rectitude,  between  enlightenment 
and  barbarism,  the  disposition,  but  not  the  course,  tends 
slightly  downward,  for  there  is  in  morals  and  in  civilization 
a  law  of  gravitation,  and  the  side  which  pulls  toward  the 
ground  has  the  advantage  which  that  law  provides.  It  is 
easy  to  stand  on  the  earth,  but  it  is  difficult  to  remain  long 
•above  it.  To  stay  in  the  valley  where  we  are  calls  for  no 
•effort,  but  to  climb  the  hill  requires  labor  from  which  the 
majority  will  shrink.  The  view  from  the  summit  may  be 


HAMILTON  COLLEGE  351 

clear  and  enticing  but  it  must  be  earned  at  the  cost  of  long 
and  arduous  endeavor. 

It  is  your  duty  and  your  great  distinction,  gentlemen  of 
Hamilton  to  encourage  that  love  of  contemplation,  that  in- 
timacy with  the  ideal  and  the  generous,  that  subjective 
strength  which  make  men  feel  and  understand  that  the  great 
triumphs  of  the  world  must  be  achieved  by  the  close  alliance 
of  intelligence,  morality  and  courage.  You  must  enlist  in 
the  cause  of  education  and  progress  with  such  enthusiasm 
and  resolve  that  that  cause  will  feel  the  stimulus  of  your 
contact  and  support,  and  the  tendency  of  the  struggle  will 
rise  steadily  toward  a  clearer  atmosphere.  Hamilton  Col- 
lege has  had  an  illustrious  career.  Her  sons  have  adorned 
the  various  pursuits  of  life  and  attained  the  rewards  of  long 
and  brilliant  service.  That  they  remember  now  the  College 
which  helped  and  sustained  them  in  their  youth  is  to  her 
credit  and  their  own.  The  cause  of  education  will  commend 
and  praise  them,  and  this  occasion  will  be  to  them  a  proud 
and  lasting  tribute. 

Perhaps  I  shall  be  forgiven  if  I  extend  to  you  my  sincere 
congratulations  that  the  presidency  of  this  college  is  held 
by  one  whose  attainments  as  a  scholar,  as  an  orator,  as  an 
executive  are  attracting  the  attention  of  the  appreciative  and 
thoughtful  everywhere.  You  know  and  admire  him  but 
your  association  is  so  close  and  personal  that  I  have  yielded 
to  this  temptation  to  show  him  to  you  as  a  stranger  sees 
him. 

I  thank  you  for  the  kindness  which  has  filled  this  day  with 
pleasure  and  which  now  fills  me  with  reluctance  at  its  close. 


352  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

ADDRESS  AT  THE  DINNER  OF  THE  CHAMBER  OF  COMMERCE 
OF  NEW  YORK,  NOVEMBER  23,   1897 

MR.  PRESIDENT  AND  GENTLEMEN  OF  THE  CHAMBER  OF 
COMMERCE:  The  origin  of  this  body  was  before  the  Revo- 
lution, and  on  many  events  since  then  it  has  left  its  mark. 
The  development  of  the  country,  though  unparalleled,  has 
not  been  unattended  with  resistance.  Growth  must  always 
make  compensation  for  what  it  gains,  and  if  there  is  no  other 
way,  that  compensation  must  be  made  through  suffering  and 
peril.  The  growth  of  this  country  demonstrates  that  rule, 
for  with  all  its  wonderful  advantages  of  wealth,  of  climate 
and  position,  it  has  faced  its  share  of  trouble  and  its  people 
have  sometimes  stood  where  the  fate  of  mankind  would  rise 
or  fall  by  their  determination.  Nations  are  like  men;  if  they 
progress  too  rapidly  they  must  lose  many  of  their  friends. 
The  world  is  small,  and  sympathy  is  more  easily  aroused  at 
the  misfortunes  of  others,  than  exultation  at  their  prosperity. 
Too  rapid  success  in  another  is  a  test  which  few  friendships 
will  endure.  The  United  States  has  never  been  exceptecl 
from  this  fate.  In  peace  it  has  brooded  over  her,  and  in 
war  has  threatened  her  destruction.  But  through  all  adver- 
sities and  checks  and  rivalries,  her  strength  has  grown  with 
every  day  and  her  influence,  resting  upon  great  achievements, 
has  found  its  way  to  every  place  where  human  interests  are 
involved. 

The  events  which  have  led  to  these  results  have  often 
grouped  themselves  about  New  York.  What  the  skill  of 
her  citizens  has  devised  and  their  hands  performed  has  been 
sometimes  the  centre  of  the  arch  that  held  the  rest.  In  in- 


CHAMBER  OF  COMMERCE  253 

vention,  in  finance  and  in  commerce,  her  lamp,  has  guided 
many  an  enterprise  and  her  tracks  have  been  followed  with 
increasing  confidence.  But  for  what  she  has  done  she  is 
entitled  to  no  greater  praise  than  many  who  have  accom- 
plished less.  Her  performances  have  been  great  because 
her  powers  have  been  sufficient.  Gifts  should  be  measured 
by  the  store  from  which  they  are  taken,  and  achievements 
by  the  means  supplied.  Every  one  of  the  allied  common- 
wealths which  constitute  this  Union  has  contributed  its  share 
to  the  permanence  and  glory  of  the  whole.  Bound  together 
by  the  recollections  of  the  past  and  the  hope  and  promise  of 
the  future,  let  us  hope  they  will  move  forward  to  a  destiny  as 
yet  imperfectly  foretold.  The  labors  of  each  shall  stimu- 
late the  others,  and  actuated  by  no  jealousies,  inspired  by 
generous  rivalries,  may  they  reach  and  hold  the  highest 
eminence,  still  united.  If  New  York  has  in  the  past  main- 
tained the  lead,  she  is  under  greater  obligations  now  than 
ever  to  hold  that  place.  The  conditions  which  surround 
her  are  now  and  have  always  been  the  best  upon  this  con- 
tinent. She  has  had  not  only  what  she  earned,  but  by  her 
situation  the  benefits  of  others'  labor  have  fallen  in  her  lap. 
The  commerce  of  the  ocean  naturally  comes  to  her  wharves 
and  the  traffic  of  a  large  portion  of  the  country  finds  here  its 
easiest  outlet.  On  that  part  of  the  seacoast  marvelous  for 
its  beauty,  in  the  midst  of  a  country  picturesque  and  fertile, 
with  a  climate  agreeable  through  all  the  seasons  of  the  year, 
the  wealth  of  other  states  and  cities  often  finds  its  permanent 
abiding  place  in  the  city  of  New  York. 

These  advantages,  which  come  not  by  labor  but  by  for- 
tune, are  likely  to  mislead  us.     We  may  attribute  to  our  en- 


354  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

terprise,  benefits  in  which  that  enterprise  had  not  the  slight- 
est part.  We  may  feel  that  security  and  prominence  which 
make  us  indifferent  to  gains  that  others  covet.  This  spirit 
of  satisfaction  with  ourselves  and  indifference  to  opportuni- 
ties may  seriously  retard  us.  It  is  a  spirit  that  has  never 
failed  to  be  disastrous  to  nations,  communities  and  men. 
No  matter  what  conditions  may  surround  us,  success  will 
never  be  achieved  and  long  retained  except  by  vigilance  and 
labor.  It  has  been  declared  by  many  that  the  city  of  New 
York  is  neglectful  of  her  opportunities;  that  through  indif- 
ference, advantages  she  might  have  gained  have  gone  to 
others  in  no  sense  her  equal  competitors.  If  this  charge  is 
not  entirely  true,  it  at  least  is  not  entirely  false.  A  single 
illustration  never  proves  a  charge,  but  it  may  suggest  and 
lead  to  others  by  which  the  proof  may  be  complete.  The 
commerce  of  New  York  has  been  larger  than  that  of  all 
other  ports  in  this  country  combined.  It  has  been  and  is  the 
foundation  of  her  prosperity  and  greatness.  She  can  with 
less  effort  than  any  other  city  control  the  traffic  coming 
from  the  land  and  from  the  sea.  And  yet  with  a  magnificent 
harbor,  with  a  population  steadily  increasing,  she  has  sat 
here  surrounded  by  railroads  and  rivers,  and  the  ocean,  and 
seen  the  main  source  of  her  power  and  her  glory  constantly 
decline. 

I  should  feel  that  I  misused  your  hospitality  if  I  indicted 
figures  on  an  occasion  like  this,  but  I  should  also  feel  that 
I  had  failed  in  the  main  purpose  of  my  coming  if  I  did  not 
urge  upon  you  a  careful  study  of  the  figures  relating  to  your 
commerce.  They  show  a  marked  and  steady  falling  off,  while 


CHAMBER  OF  COMMERCE  355 

a  corresponding  gain  has  come  to  other  places  on  the  coast. 
There  was  a  time  when  nearly  seven-tenths  of  the  imports 
and  exports  of  this  country  were  handled  in  New  York. 
That  has  gradually  diminished  until  now  it  is  scarcely  half. 
During  thirty  years  last  preceding  1896  the  foreign  com- 
merce of  New  York  shrunk  from  fifty-nine  to  fifty-one  per 
cent.,  while  Boston,  with  a  smaller  harbor,  with  no  rivers 
or  canals,  has  during  the  same  period  doubled  hers.  There 
may  be  other  reasons  for  this  unfavorable  comparison,  but 
this  at  least  is  one:  Boston  has  done  her  best  and  New  York 
has  not.  And  it  has  often  happened  in  the  world  that  in 
time  the  best  efforts  of  the  weak  surpass  the  indifferent 
efforts  of  the  strong. 

This  society  is  organized  to  encourage  commerce.  That 
purpose  is  the  main  precept  in  a  charter,  whose  age  is  now 
creeping  up  to  a  century  and  a  half.  In  this  Chamber  of 
Commerce  ever  since  its  creation,  have  been  many  of  the 
leaders  of  American  enterprise.  It  has  had  a  long  and  hon- 
orable history.  Its  influence  has  been  powerful  and  its  aims 
and  purposes  high.  The  growth  of  the  city  of  New  York 
is  the  pride  of  all  the  states,  and  there  is  no  society  of  men 
here  or  elsewhere  in  whom  greater  confidence  is  reposed  or 
on  whom  a  greater  obligation  rests  to  maintain  the  proud 
supremacy  which  New  York  has  long  enjoyed. 

Gentlemen,  if  I  have  not  spoken  strictly  to  the  toast  which 
you  assigned  to  me,  "  The  State  of  New  York,"  it  is  be- 
cause I  feel  that  the  larger  meaning  of  that  toast  is  not  con- 
fined by  territorial  limits,  but  that  the  interests  of  the  state 
embrace  the  welfare  of  all  the  people,  and  that  as  its  past 
has  been,  so  will  its  future  be,  commensurate  with  the  coun- 
try's needs  and  aspirations. 


356  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

ADDRESS  AT  THE  DINNER  OF  THE  NEW  ENGLAND  SOCIETY 
OF  BROOKLYN,  DECEMBER  21,  1897 

MR.  CHAIRMAN:  One  of  the  strongest  influences  in  the 
world  is  recollection.  We  are  governed,  and  the  events  in 
our  lives  are  shaped,  by  all  those  motives  that  enter  the  com- 
plex product  of  existence.  There  is  nothing  so  small  but 
that  it  pulls  us  a  little  to  one  side  or  the  other,  up  or  down. 

If  we  pursue  a  course  intended  to  be  straight  ahead,  it  will 
move  a  little  out  of  line,  because  the  incidents  along  the 
way,  while  they  could  not  defeat,  have  still  modified  the 
course  of  the  dominating  spirit  that  marked  it  out.  Every- 
thing in  the  universe,  they  say,  feels  the  influence  of  every 
other,  and  to  some  extent  is  moulded  by  it,  and  that  influence 
will  continue,  though  its  source  may  be  invisible. 

The  rock  may  be  far  underground,  but  the  needle  will 
quiver  when  it  passes  over  it.  There  is  no  freedom  which 
does  not  bow  to  its  surroundings.  There  is  no  realm  where 
any  finite  power  can  say  its  dominion  is  complete.  The 
puny  circle  of  our  own  affairs  repeats  the  rule  to  which 
every  power  in  creation  must  always  yield.  Urged  by  am- 
bition, discouraged  by  need,  strengthened  by  affection,  but 
always  within  the  narrow  limitations  of  their  own  capacity, 
men  go  stumbling  from  their  last  achievement  poorly  done 
to  the  next,  to  be,  perhaps,  still  more  imperfectly  performed. 
In  the  multitude  the  unit  is  nearly  lost.  But  in  all  this  con- 
fusion there  is  with  every  man  some  influence  which  he  knows 
to  be  the  strongest,  and  if  you  follow  him  when  he  thinks 
he  is  alone  you  will  see  him  go  so  slowly  that  perhaps  you 
may  believe  that  he  is  reluctant.  It  is  not  reluctance  but  only 


NEW  ENGLAND  SOCIETY  357 

caution,  lest  some  one  may  learn  his  secret,  which  he  never 
shares  with  others.  And  when  he  uncovers  it  in  solitude, 
perhaps  in  tears,  you  will  find  it  is  some  memory  perhaps 
so  old  it  has  upon  it  the  dust  of  many  years;  but  it  is  the 
rock  to  which  he  has  clung  in  storms;  it  is  the  anchor  which 
has  kept  his  head  to  the  wind ;  it  is  the  balm  which  has  steadied 
him  in  defeat  and  ennobled  him  in  the  hour  of  triumph. 

Those  in  whom  this  influence  is  the  strongest  are  them- 
selves made  stronger  by  it.  By  so  much  as  their  lives  are 
governed  by  it,  by  so  much  will  their  deeds  be  more  endur- 
ing. It  is  because  I  think  I  see  in  the  New  England  people 
this  emotion  in  its  fullest  strength  that  I  always  pay  my 
homage  to  the  New  England  character.  New  England  is  a 
rugged  country;  its  winters  are  too  cold  and  its  summers 
are  too  warm;  its  grudging  soil  yields  only  to  the  hardest 
fight,  and  yet  from  its  humble  and  unpretending  homes  have 
walked  out  through  all  its  splendid  history  those  characters 
whose  deeds  have  changed  the  currents  of  the  world,  whose 
renown  is  the  possession  of  mankind.  There  is  no  place 
which  has  not  felt  the  tread  of  some  New  England  child, 
no  enterprise  which  has  not  felt  his  hand.  In  conflict  he 
has  stood  always  with  the  foremost,  and  in  peace  with  the 
most  forgiving.  Wherever  his  varying  career  has  taken 
him,  or  whatever  new  alliances  his  fortunes  have  joined  him 
in,  there  has  always  been  with  him  the  benign  and  sober- 
ing influence  of  his  early  recollections.  Without  loyalty 
the  world  would  fall  apart.  Whenever  it  leaves  the  human 
character  that  very  instant,  hand  in  hand,  self  respect  and 
love  depart;  for  loyalty  is  but  affection,  and  affection  feeds 
with  never  satisfied  desire  upon  the  recollections  of  the  past. 


358  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

You  ask  me  to  speak  for  the  State  of  New  York,  but  I 
decline.  I  claim  the  right  in  deference  to  the  remembrances 
I  have  praised,  to  speak  this  once  for  the  State  of  Maine. 
Tides  will  rise  and  fall  by  an  influence  whose  source  may  be 
remote  but  whose  power  is  ever  present.  As  a  son  of  New 
England  I  make  the  grateful  acknowledgment  that  my  tides 
have  ebbed  and  flowed  through  influences  which,  though  far 
removed,  have  never  lost  their  strength. 

In  the  few  words  I  have  spoken  it  may  seem  as  though 
the  thought  of  woman  did  not  enter,  but  those  women  who 
are  present  I  know  will  understand  that  in  some  member  of 
their  sex  have  often  centered  those  recollections  which,  sanc- 
tified by  years,  have  been  the  mainsprings  of  the  world. 


REMARKS  AT  THE  DINNER  OF  THE  NEW  ENGLAND  SOCIETY, 
NEW  YORK  CITY,  DECEMBER  22,   1897 

MR.  CHAIRMAN:  There  is  nothing  which  needs  so  little 
decoration  or  which  can  so  well  afford  to  spurn  it  altogether, 
as  the  absolutely  genuine.  Imitations  are  likely  to  be  ex- 
posed at  first  sight  unless  they  are  carefully  ornamented. 
Too  much  embellishment  generally  covers  a  blemish  in  the 
construction.  It  therefore  happens  that  the  first-rate  in- 
variably rejects  adornment  and  the  second-rate  invariably 
puts  it  on.  The  difference  between  the  two  qualities  can 
be  discovered  easily  enough  at  short  range,  and  safety  from 
exposure  lies  only  in  imperfect  examination.  If  the  vision 
is  clear,  and  the  inspection  careful,  there  is  no  chance  for  the 


NEW  ENGLAND  SOCIETY  359 

sham  ever  to  be  taken  for  the  genuine.  These  premises, 
established  by  the  experience  of  many  ages,  are  recognized 
universally,  and  among  the  many  forms  of  activity  in  this  very 
active  age  none  is  more  marked  than  that  of  the  first-rate 
to  be  found  out  and  of  the  second  not  to  be.  This  struggle 
is  not  confined  or  even  modified  by  wealth,  position  or  sur- 
roundings. It  depends  upon  a  principle  further  back,  when 
the  thing  was  made  or  the  man  was  born.  It  is  easier  to 
conceal  what  a  thing  is,  than  to  prove  it  to  be  what  it  is  not. 
One  requires  concealment,  the  other  demonstration.  Sooner 
or  later  the  truth  will  be  revealed.  Some  time  the  decoration 
will  fall  off,  and  then  the  blemish  will  appear  greater  because 
of  the  surprise  at  finding  it. 

These  reflections  are  suggested  to  me  by  this  occasion 
which  brings  together  the  natives  of  Ne\v  England  and  their 
friends.  The  annual  gatherings  of  this  society  have  always 
awakened  interest,  for  among  its  members  are  many  who 
exemplify  the  worth  and  independence  of  a  fearless  char- 
acter. For  the  last  fifty  years  in  Xew  York  city  the  efforts 
which  have  pushed  it  to  the  front  and  held  it  there  would 
have  suffered  a  marked  decrease  without  New  England  aid. 
In  all  its  progress  which  has  made  it  great  and  famous,  the 
children  of  New  England  have  been  among  the  leaders. 
In  professional  life  their  names  have  been  conspicuous.  In 
that  enormous  volume  which  makes  her  business  second  in 
the  world,  they  have  touched  elbows  with  those  who  hold 
their  places  at  the  front.  In  every  army  there  must  be  a 
rear  line,  but  no  New  England  mother  will  search  for  her 
children  there. 


360  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

They  have  moved  gradually,  but  always  forward.  No 
proclamation  has  attended  their  advance,  and  they  have  not 
been  consumed  by  fear  lest  their  value  should  be  placed 
too  low.  Self-reliant,  self-respecting,  seldom  self-indulgent, 
deserving  the  respect  of  others,  always  maintaining  their  own, 
the  place  they  hold  in  this  city  excites  the  pride  of  every  son 
of  New  England,  whether  at  home  or  abroad.  In  every 
circumstance  persistent  courage  will  always  make  its  way, 
and  thousands  who  are  proving  this  in  every  corner  of  the 
world  are  now  remembering  some  spot  within  New  Eng- 
land's borders  from  which  their  inspiration  still  is  drawn. 

If  I  sought  the  genuine  in  character  and  in  purpose,  the 
qualities  that  will  bear  inspection  unadorned  and  grow 
stronger  as  the  knowledge  of  them  grows  more  complete, 
this  society,  I  know,  would  pardon  me  if  my  first  impulse 
brought  me  here  to  search  among  the  sons  and  daughters  of 
New  England. 


REMARKS  AT  THE  DINNER  TO  RETIRING  CHIEF  JUDGE 
ANDREWS  OF  THE  COURT  OF  APPEALS,  JAN.  19,  1898 
MR.  CHAIRMAN:  This  occasion  expresses  a  sentiment 
whose  strength  depends  upon  the  discipline  of  those  who  en- 
tertain it.  It  is  the  sentiment  of  respect  for  that  authority 
which  rests,  not  upon  the  fleeting  attribute  of  temporal  con- 
trol, but  upon  the  foundations  of  justice,  which  never  change. 
All  earthly  conditions  are  subject  to  disturbance  and  reverse. 
The  serenity  and  pride  of  the  present  may  mark  the  road 
which,  just  around  the  bend,  will  encounter  turmoil  and 
humiliation.  The  boat  which  sails  to-day  with  all  the  favors 


CHIEF  JUSTICE  ANDREWS  361 

of  sun  and  wind,  may  to-morrow,  too  far  from  shore  to  hope 
for  rescue,  meet  the  resistless  fury  of  the  sea.  The'  sturdy 
spirit  whose  armor  seemed  defiant  of  assault,  will  some  time 
lie  prostrate,  having  reached  its  end.  In  Nature  everything 
is  changing;  but  human  affairs,  so  fickle  and  unsteady,  are, 
compared  with  Nature,  as  the  measured  seconds  of  the  clock 
to  the  solemn  changes  of  the  seasons.  In  the  struggle  and 
confusion  all  humanity  seems  to  enter.  Desire,  once  un- 
checked and  under  way,  will  throw  restraint  and  reason  from 
their  seats  and  crush  them  in  its  path.  In  these  surround- 
ings, unsuited  to  calmness  or  reflection,  some  one  must  keep 
his  head.  He  who  is  caught  in  whirling  machinery  is  not 
the  one  to  throw  the  belt  from  the  revolving  wheel.  The 
cool  head  will  be  found  outside  the  line  of  danger,  outside 
the  influence  of  wealth,  ambition,  power,  which  seek  to  make 
all  things  their  own.  The  heads  which  even  in  these  times 
are  always  cool;  the  judgments  to  which  even  the  conten- 
tious turn,  though  sometimes  with  fear,  yet  always  with  re- 
spect, are  the  courts  of  justice.  The  wisdom  of  those  who 
have  long  since  passed  away,  has  oftentimes  received  the 
veneration  of  posterity.  But  never  was  that  wisdom  more 
prophetic  than  when  it  placed  the  court,  so  far  as  human 
foresight  could,  upon  a  seat  so  firm  and  high,  within  seclu- 
sion so  respected  and  profound,  that  the  waves  of  conflict 
could  hardly  reach  its  feet.  Its  judgments  may  have  carried 
discouragement,  defeat  and  ruin,  but  its  integrity  has  seldom 
been  assailed.  All  ages  have  recognized  some  standard  by 
which  contestants  must  abide.  The  present  age,  whatever 
else  its  faults  may  be,  has  raised  a  standard  which  no  other 


362  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

has  surpassed.  If  justice  could  be  discovered,  its  applica- 
tion ha's  been  enforced.  The  long  career  of  our  judiciary  has 
been  marked  with  almost  unbroken  confidence  and  honor. 
From  the  beginning,  the  courts  of  New  York  have  held  a 
high  place  in  the  judicial  history  of  the  republic.  If  they 
were  first  at  the  beginning,  they  have  held  their  own.  If 
they  were  second  then,  they  have  gained  one  step.  And 
while  it  seems  sometimes  as  though  things  now  are  not  as 
nearly  perfect  as  they  were ;  as  though  the  closer  we  approach 
high  standards  the  lower  they  appear,  yet  our  courts  still  main- 
tain the  rank,  and  hold  the  confidence  which  have  always 
made  a  seat  upon  them,  the  highest  prize.  But  in  my  rev- 
erence for  the  courts,  I  shall  not  forget  my  admiration  for 
those  Judges,  whose  labors  have  proved  that  the  historic  worth 
of  the  early  tribunals  has  not  departed.  Through  many 
years  of  service,  in  which  mind  and  conscience  have  devoutly 
worked  together,  the  elder  of  your  guests  has  fixed  his  name 
where  succeeding  generations  will  ever  speak  of  him  with 
honor  and  respect.  The  younger,  who  now  takes  a  place, 
made  harder  by  the  character  of  those  who  have  preceded 
him,  will,  in  the  long  career  which  I  hope  he  may  enjoy,  pre- 
serve the  lustre  which  his  predecessor  has  conferred. 


ADDRESS  AT  THE  EDITORS'  ASSOCIATION,  BUFFALO,  APRIL 

14,  1898 

MR.  PRESIDENT  AND  GENTLEMEN:  An  obligation  is  never 
so  plain  as  when  the  neglect  of  it  may  result  in  disaster.  Xo 
faculty  is  always  at  its  height,  because  the  tendency  is  to 


EDITORS'  ASSOCIATION  363 

slide  down.  But  I  think  every  man's  experience  is  that  at 
the  spot  where  his  duty  is  located  the  slope  is  a  little  steeper 
than  at  any  other  point.  We  are  always  in  need  of  a  stimu- 
lant if  we  make  considerable  progress.  Those  who  deny  this 
need  are  confined  mainly  to  those  who  make  few  and  small 
attempts.  They  are  in  the  class  that  is  satisfied  to  hold  its 
own.  But  one  can  hold  his  own  if  he  has  no  attribute  ex- 
cept inertia.  But  if  he  would  possess  to-morrow  that  which 
is  not  his  to-day;  if  he  would  throw  the  pack  from  his  shoul- 
ders every  night  a  little  farther  up  the  mountain  than  the 
night  before,  and  every  morning  see  the  sun  burst  upon 
hills  he  never  yet  had  known,  he  must  be  inspired  by  higher 
resolutions,  led  by  stronger  purposes  than  surround  those 
in  the  valley  through  which  he  has  trodden  his  way.  These 
requirements  should  be  seen  and  understood  before  the  enter- 
prise is  'undertaken;  the  determination  should  be  formed  at 
the  outset,  for  if  one  enters  upon  a  task  which  the  best  in 
him  will  achieve  he  has  no  right  to  fail.  He  should  not  at- 
tempt the  altitudes  if  he  is  willing  to  meet  only  the  hard- 
ships encountered  in  the  plain.  These  reflections  have  no- 
where greater  force  or  closer  application  than  at  the  point 
where  young  men  conclude  upon  the  course  their  energies 
in  after  life  shall  follow.  At  that  point  they  should  consider 
not  whether  they  can  stand  the  pressure  in  easy,  ordinary 
times,  but  whether  they  can  stand  it  when  the  gale  strikes. 
They  have  no  right  to  snatch  rewards  and  flee  from  respon- 
sibilities; they  should  know  that  the  entrance  to  the  path  in 
the  spring  may  little  resemble  the  other  end  of  the  same 
path  in  the  fall.  Whoever  is  not  prepared  for  the  worst 


364      PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

that  an  enterprise  may  offer  has  no  business  in  it,  for  some 
time  when  the  stress  comes  he  may  fall  and  take  others  with 
him. 

I  think  I  see  in  what  I  have  said  some  special  application 
to  that  profession  in  which  many  members  here  have  wrought 
success.  You  have  long  enjoyed  a  period  of  comparative 
repose.  The  requirements  of  one  day  have  been  scarcely 
different  from  those  of  any  other.  If  this  even  kind  of  living 
has  its  compensations  it  also  has  its  penalties.  The  security 
is  greater  but  the  opportunity  is  less;  for  great  capacities 
are  tested  only  by  great  demands.  That  test  is  now  pro- 
vided, and  on  you  more  than  any  other  class,  save  one,  it  is 
squarely  placed.  And  if  we  consider  the  qualities  of  modera- 
tion, restraint  and  equipoise,  so  necessary  in  times  of  con- 
fusion, even  that  one  exception  will  be  removed,  and  your 
profession  will  stand  nearer  to  the  vital  test  than  any  other. 
A  full  understanding  of  a  duty  is  necessary  to  its  full  dis- 
charge, and  upon  your  understanding  of  your  present  obli- 
gations will  perhaps  depend  the  welfare  of  the  country  for 
many  years  to  come.  What  you  may  say  now  will  reach 
far  and  exercise  a  broad,  effective  sway.  You  may  inflame 
or  restrain,  for  the  pulse  of  every  community  in  the  morn- 
ing is  the  pulse  of  its  newspaper  the  night  before.  There  is 
upon  you  therefore,  in  addition  to  the  obligations  which  truth 
and  candor  always  impose,  the  unusual  responsibility  which 
springs  from  the  acknowledged  gravity  of  the  present  moment. 
There  is  always  a  danger  that  one  may  overrate  his  influence; 
there  is  sometimes  a  danger  that  he  may  underrate  it.  Of 
these  two  mistakes  the  latter  is  the  worse,  for  it  may  bring 


DISTRICT  ATTORNEY  OLCOTT  365 

misfortune  upon  others,  while  the  former  will  only  bring  dis- 
appointment to  him  who  commits  it. 

I  hope  you  will  permit  me  the  observation  that  your  pro- 
fession, least  of  all,  can  now  afford  the  error  of  too  small  an 
estimate  of  your  influence  or  responsibility.  No  man  should 
put  on  epaulettes  in  time  of  peace  who  intends  to  take  them 
off  at  the  approach  of  war.  In  this  sentiment  every  patriotic 
judgment  will  concur.  But  it  is  no  less  true  that  you,  who, 
years  ago,  sought  the  honors  and  rewards  of  that  profession 
whose  influence  is  so  potent  and  far  reaching,  are  bound  now, 
in  this  moment  when  excitement  has  the  rein,  to  meet  that 
profession's  paramount  exactions.  To  be  temperate  in  state- 
ment, cautious  in  advice,  pointing  only  those  paths  which  you 
are  willing  to  tread;  these  are  the  duties  whose  performance 
now  falls  upon  you,  and  by  their  complete  discharge  you  may 
render  to  your  countrymen  the  highest  service  and  demon- 
strate that  the  line  of  famous  journalists,  though  lengthened, 
still  retains  its  strength. 


LETTER  TO  DISTRICT  ATTORNEY  OLCOTT  DE- 
CLINING TO  APPOINT  AN  EXTRAORDINARY 
CRIMINAL  TERM 

STATE  OF  NEW  YORK 

Executive  Chamber 

Albany,  July  9,    1897 
W.  M.  K.  OLCOTT,  Esq.,  District  Attorney,  New  York  City. 

DEAR  SIR:  I  have  your  letter  of  the  8th,  requesting  the 
appointment  of  an  extraordinary  criminal  term  in  the  county 
of  New  York  for  the  retrial  of  the  indictment  pending  against 


366  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

James  B.  Duke  and  others  for  conspiracy.  The  case  does 
not  seem  to  me  to  be  of  such  a  character  to  justify  the  in- 
convenience and  expense  of  an  extraordinary  term  at  this 
season  of  the  year.  It  seems  that  there  will  be  a  regular 
term  soon  after  the  vacation  at  which  the  case  can  be  tried, 
and  I  do  not  think  that  the  circumstances  warrant  Executive 

Interposition  now. 

Sincerely  yours 

FRANK  S.  BLACK 


THE  SEVENTH   REGIMENT 

STATE  OF  NEW  YORK 

Executive  Chamber 

Albany,   N.   Y.,  June  25,    1898 
Col.  DANIEL  APPLETON, 

MY  DEAR  SIR:  Your  letter  of  the  i/th  to  General  Til- 
linghast  and  of  the  22nd  to  myself,  are  both  at  hand.  I  realize 
the  importance  of  the  question  which  your  letter  presents. 
I  have  to  the  best  of  my  ability,  considered  it  both  before 
and  after  your  communications.  I  am  obliged  to  decline 
your  offer.  The  reasons  which  have  influenced  me  seem  to 
admit  of  no  other  conclusion.  The  position  of  your  regiment 
and  of  others  similarly  placed,  and  the  honorable  and  soldierly 
bearing  of  the  National  Guard,  have  made  it  just  and  proper 
that  these  reasons  should  be  stated. 

When  the  first  call  for  troops  came  from  Washington,  the 
Government  there  asked  that  that  call  be  filled  by  the  National 
Guard  of  the  different  states.  My  strong  personal  wish  was 


SEVENTH  REGIMENT  367 

that  our  National  Guard  should  remain  at  home,  and  that 
the  needs  of  the  general  government  should  be  met  solely 
by  volunteers.  I  felt  however,  that  the  wisdom  of  the  Presi- 
dent, so  universally  recognized  in  the  present  emergency, 
was  the  only  safe  guide  for  the  states  to  follow.  Any  other 
course  on  the  part  of  New  York  either  alone  or  with  other 
states,  would  have  been  neither  justified  nor  successful.  The 
larger  part  of  our  National  Guard  therefore,  departed  under 
the  call.  The  whole  Guard  could  not  go,  for  New  York's 
quota  was  not  large  enough  to  embrace  its  entire  Guard. 
For  that  reason  and  for  no  other,  some  of  our  regiments  and 
separate  companies  were  left  at  home.  The  Guard  thus 
depleted,  would  have  been  inadequate  protection  to  the  state 
in  case  of  riot  or  other  disturbance,  if  the  places  of  those 
departing  had  not  been  speedily  filled.  This  was  done,  and 
the  state  administration  has  at  all  times  felt  able  to  meet 
any  emergency  that  might  arise.  But  those  coming  into  the 
Gu?,rd  under  such  conditions,  were  in  many  cases,  untrained 
as  soldiers.  The  remnant  of  the  National  Guard  at  home 
has  been  of  the  utmost  value  in  supplying  the  needed  training. 
The  need  for  its  services  at  home  is  as  great  now  as  ever. 
This  state,  with  billions  of  property,  millions  of  people,  and 
of  vast  territorial  extent,  should  not  be  left  without  a  drilled 
militia.  The  established  policy  of  the  state  has  been  to  main- 
tain the  largest  and  best  equipped  National  Guard  in  the 
country.  To  this  end  it  has  expended  millions  of  dollars. 
To  reverse  this  policy  now,  when  no  need  demands  it,  when 
the  country  is  not  in  clanger,  when  hundreds  of  thousands 
of  willing  men  are  striving  to  enter  the  government  service, 


368  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

would  be  an  act  which  every  sane  man  in  the  state  would 
condemn. 

If  the  question  of  obligation  alone  is  considered,  we  shall 
be  led  to  the  same  conclusion,  for  the  first  obligation  of  the 
Guard  is  to  the  State.  The  relation  existing  between  the  two 
is  established  by  many  considerations.  The  state  has  built 
armories,  provided  uniforms  and  equipments,  and  established 
upon  the  broadest  and  most  liberal  lines  a  guard  unmatched 
by  any  other  state.  For  these  things  the  guard  has  assumed 
a  duty  which  it  is  bound  to  discharge.  In  years  past  it  has 
met  that  duty  with  a  fidelity  and  skill  which  has  awakened 
universal  gratitude  and  pride. 

There  is  another  consideration  which  to  me  is  not  the 
least.  I  have  felt  that  under  the  first  call  many  men  went 
to  the  front  who  should  have  stayed  at  home.  Their  duty 
was  here  until  the  need  of  the  country  was  greater  than  it 
has  been  at  any  time  in  the  present  trouble.  Some  enlisted 
under  a  pressure  which  was  neither  intelligent  nor  just,  forc- 
ing them  to  a  step  which  the  necessities  of  the  government 
did  not  require,  and  which  was  prompted  mainly  by  fear  of 
censure  if  they  remained  at  home.  I  shall  not  permit  that 
experience  to  be  repeated.  When  there  are  thousands  of 
volunteers  it  is  no  time  for  a  draft.  If  the  Seventh  of  New 
York,  the  Twenty-third  of  Brooklyn,  the  Seventy-fourth  of 
Buffalo,  or  any  of  the  separate  companies  of  the  state  were 
asked  to  go,  many  would  feel  obliged  to  respond  who  should 
not.  They  have  been  criticised  and  misrepresented  for  stay- 
ing at  home.  Rather  than  meet  that  criticism  some  would 
abandon  duties  at  home  which  they  are  bound  in  honor  to 
discharge.  This  would  be  true  under  a  second  call  to  a 


SEVENTH  REGIMENT  369 

greater  extent  than  under  the  first,  because  the  censure  has 
been  so  long  and  so  often  repeated. 

If  the  second  call  from  Washington  asked,  as  the  first  did, 
for  th'e  National  Guard,  I  should  yield  to  that  request,  in 
the  belief  that  the  National  Government  sees  the  whole  plan 
of  which  I  see  only  a  part.  But  the  second  call  does  not 
come  in  the  form  of  the  first.  Criticism,  rabid  and  unreason- 
ing, has  forced  many  men  to  the  front.  It  will  not  with  my 

consent,  force  any  more. 

These  are  some  of  the  considerations  which  move  me  to 
decline  the  generous  offer  of  the  old  portions  of  the  National 
Guard.  The  new  portions  of  that  Guard  I  shall  call  upon, 
because  they  enlisted  with  the  purpose  on  their  own  part, 
and  with  the  promise  on  the  part  of  the  state  government, 
that  they  should  have  the  privilege  of  going  if  a  second  call 
was  made. 

In  declining  the  offers  of  the  Seventh,  the  Twenty-third 
and  the  Seventy-fourth,  and  the  old  separate  companies,  which 
have  been  so  freely  tendered,  I  wish  to  declare  my  respect 
and  admiration  for  the  National  Guard  of  this  State,  which 
has  under  every  circumstance  in  the  present  emergency,  so 
acted  as  to  increase  its  own  great  reputation  and  merit  the 
approbation  of  the  State. 

I  am,  with  great  respect, 

Very  truly  yours 

FRANK  S.  BLACK 


370  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

THE  CANAL  INVESTIGATION 
STATE  OF  NEW  YORK 

Executive  Chamber 

Albany,  August  3, 

Hon.  THEODORE  E.  HANCOCK,  Attorney-General,  Albany,  N.  Y.: 
MY  DEAR  SIR:  The  Commissioners  appointed  under  chap- 
ter 15  of  the  Laws  of  1898  have  filed  with  the  Governor  their 
report  and  the  evidence  upon  which  it  is  based.  The  testi- 
mony is  voluminous,  consisting  of  nearly  6,000  pages.  The 
facts  and  conclusions  stated  in  the  report,  while  general  in 
their  character,  present  a  condition  which  may  become  the 
subject  of  judicial  investigation.  The  Attorney-General  is 
the  authority  to  which  such  investigation  may  properly  be 
entrusted.  I  therefore  transmit  to  you  the  testimony  and 
report,  with  the  request  that  you  examine  them  for  the  pur- 
pose of  determining  at  the  earliest  practicable  day  whether 
judicial  proceedings  should  be  instituted  against  any  of  the 
parties  referred  to  in  the  testimony. or  report,  and  if  such 
proceedings  should  be  instituted,  the  nature  thereof.  I  shall 
be  glad  to  designate  counsel  to  assist  you  in  the  examination 
of  the  matters  submitted,  and  in  any  judicial  proceedings 
which  may  be  thereafter  begun.  If  the  testimony  discloses 
conduct  on  the  part  of  any  person  which  subjects  him  to 
prosecution,  that  prosecution  should  be  prompt  and  thorough. 
You  may  rely  upon  the  support  and  co-operation  of  this 

department. 

Respe:tfully  yours 

FRANK  S.  BLACK 


CANAL  INVESTIGATION  371 

STATE  OF  NEW  YORK 

Executive  Chamber 

Albany,  Nov.  30,  1898 

Hon.  THEODORE  E.  HANCOCK,  Attorney-General,  Albany,  N.  Y.: 
DEAR  SIR:  I  have  received  your  communication  of  this 
date,  transmitting  to  me  the  report  made  by  Hon.  Edwin 
Countryman,  designated  as  special  counsel  for  the  purpose 
of  examining  the  report  of  the  canal  investigating  commis- 
sion and  the  accompanying  testimony.  In  that  report  it  is 
recommended  that  criminal  proceedings,  by  indictment,  be 
commenced  against  the  State  Engineer  and  Surveyor  and 
Superintendent  of  Public  Works. 

You  are  hereby  requested  to  immediately  take  charge  of 
such  proceedings  on  behalf  of  the  State,  and  to  institute  and 
prosecute  to  their  conclusion  such  criminal  actions  or  pro- 
ceedings as  may  be  warranted  by  such  reports  and  testimony; 
and  you  are  hereby  required  to  attend  in  person,  or  by  one 
of  your  deputies,  the  Supreme  Court,  and  appear  before  the 
proper  grand  jury  thereof,  for  the  purpose  of  managing  and 
conducting  such  criminal  actions  or  proceedings. 

Special  counsel  will  be  designated  to  aid  you,  and  the 
executive  department  will  render  to  you  in  this  matter  any 
assistance  within  its  power. 

Respectfully  yours 

FRANK  S.  BLACK 


372  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

STATE  OF  NEW  YORK 

Executive  Chamber 

Albany,  N.  Y.,  Nov.  30, 
Hon.  THEODORE  ROOSEVELT,  Oyster  Bay,  Long  Island,  N.  Y.: 
MY  DEAR  SIR:  Judge  Countryman  recommends  in  his 
report  on  the  canal  question,  that  criminal  proceedings  be 
instituted.  I  have  requested  the  Attorney-General  to  begin 
such  proceedings,  and  shall  designate  counsel  to  assist  him. 
These  proceedings  will  necessarily  be  continued  under  your 
administration.  It  seemed  to  me  that  you  would  desire  to 
have  some  lawyer  of  your  own  selection  connected  with  the 
proceedings  from  the  beginning.  I  shall  continue  Judge 
Countryman,  and  if  you  will  suggest  to  me  the  name  of  any 
lawyer  acceptable  to  you,  I  shall  be  glad  to  designate  him  also. 

Respectfully  yours 

FRANK  S.  BLACK 


STATE  OF  NEW  YORK 

Executive  Chamber 

Albany,  Dec.  23, 

Hon.  EDWIN  COUNTRYMAN,  Albany,  N.  Y. 

DEAR  SIR:  On  the  filing  of  your  report  as  special  counsel 
designated  to  assist  the  attorney-general  in  examining  the  re- 
port and  testimony  submitted  to  me  by  the  canal  investigating 
commission,  I  addressed  a  communication  to  the  attorney- 
general  on  the  3Oth  ult.,  calling  his  attention  to  the  fact  that 


IMPRISONMENT  OF  KAMPF  373 

ycur  report  contained  a  recommendation  that  criminal  pro- 
ceedings by  indictment  be  commenced  against  the  state  en- 
gineer and  surveyor,  and  the  superintendent  of  public  works. 
I  requested  the  attorney  general  to  immediately  take  charge 
of  such  proceedings  on  behalf  of  the  state  and  to  institute 
and  prosecute  to  their  conclusion  such  criminal  actions  or 
proceedings  as  may  be  warranted  by  such  reports  and  testi- 
mony; and  he  was  also  required  to  attend  in  person,  or  by  one 
of  his  deputies,  the  supreme  court,  and  appear  before  the 
proper  grand  jury  thereof,  for  the  purpose  of  managing  and 
conducting  such  criminal  actions  or  proceedings.  I  also 
informed  the  attorney-general  that  special  counsel  would  be 
designated  to  aid  him. 

.  I  therefore  hereby  designate  and  employ  you  as  counsel  to 
assist  the  attorney-general  in  the  prosecution  and  trial  of  such 
criminal  actions  or  proceedings,  and  to  perform  such  services 
therein  as  may  be  necessary  or  proper. 

Very  truly   yours 

FRANK  S.  BLACK 


THE  IMPRISONMENT  OF  KAMPF 

STATE  OF  NEW  YORK 

Executive  Chamber 

Albany,  December  6,  1897 
Hon.  ALVEY  A.  ADEE,  Acting  Secretary  of  State,  Washington, 

D.  C.: 

DEAR  SIR:     Governor  Black  directs  me  to  acknowledge  the 
receipt  of  your  letter  of  the  third  instant  inclosing  copy  of  a 


374     PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

note  from  the  Minister  of  Denmark  relating  to  the  case  of 
Carl  Kristian  Emile  Kampf  and  to  reply  that  the  same  will 
receive  immediate  attention. 

Very  respectfully 

WILLIAM  M.  GRIFFITH 

Private  Secretary 


STATE  OF  NEW  YORK 

Executive  Chamber 

Albany,  December  17,  1897 

Hon.  ALVEY  A.  ADEE,  Acting  Secretary  of  State,  Washington, 

D.  C.: 

DEAR  SIR:  Governor  Black  directs  me  to  inform  you  that 
he  has  investigated  the  matter  of  the  arrest  and  imprisonment 
at  Fairport  in  this  State  of  Carl  Kristian  Emil  Kampf,  as  re- 
quested in  your  letter  of  the  third  instant,  and  to  transmit  to 
you  copies  of  letters  received  from  the  committing  magistrate, 
the  Superintendent  of  the  Penitentiary  and  the  district  attorney 
of  Monroe  County,  fully  explaining  the  circumstances. 
Very  respectfully 

WILLIAM  M.  GRIFFITH 

Private  Secretary 


IMPRISONMENT  OF  KAMPP  375 

STATE  OF  NEW  YORK 

Executive  Chamber 

s 

Albany,  March  21,  1898 

GEORGE  D.  FORSYTH,  Esq.,  District  Attorney,  Rochester,  N.  Y.: 
DEAR  SIR:  Governor  Black  has  received  from  the  State 
Department  at  Washington  another  letter  relating  to  the  case 
of  Carl  Kristian  Emil  Kampf  and  transmitting  a  copy  of  a 
communication  from  the  Danish  Minister,  a  copy  of  which  is 
enclosed.  From  this  document  it  would  appear  that  Kampf 
claims  that  he  left  Rochester  at  about  5  P.  M.  on  the  Qth  of 
August  and  that  immediately  upon  his  arrival  at  Fairport 
while  he  was  still  walking  along  the  track  not  having  stopped 
or  loitered  for  a  moment  about  the  freight  yard  or  railroad 
premises  he  was  placed  under  arrest,  hand-cuffed,  and  locked 
up  for  the  night.  His  statement  goes  to  show  that  he  was 
merely  walking  along  the  highway  or  railroad  track  in  a 
peaceful  and  orderly  manner  not  interfering  in  any  way  with 
the  railroad  property  and  not  in  company  with  persons  who 
were  so  interfering  or  intending  to  interfere  and  that  without 
even  the  slightest  ground  for  suspicion  that  he  had  done  or 
was  intending  to  do  any  wrong  he  was  taken  into  custody, 
hand-cuffed  and  imprisoned  and  the  next  morning  without  any 
fair  opportunity  to  defend  himself  was  sent  to  the  penitentiary 
as  a  tramp.  He  also  complains  that  for  30  clays  after  his 
arrival  at  the  penitentiary  he  was  not  permitted  to  communi- 
cate with  his  friends.  Mr.  August  Larsen  of  Rochester  seems 
to  have  acted  as  Kampf's  counsel  in  bringing  the  case  to  the 


376      PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

attention  of  the  Danish  Minister.  On  December  13  you  wrote 
the  Governor  stating  the  facts  of  the  case  and  a  copy  of  your 
letter  and  of  one  received  from  the  police  justice  was  forwarded 
to  the  State  Department.  It  was  then  supposed  that  nothing 
further  would  be  necessary.  But  this  later  communication 
from  the  Danish  Minister  shows  that  he  is  not  yet  fully 
satisfied. 

The  Governor,  therefore,  directs  me  to  request  that  you 
obtain  affidavits  from  the  police  justice,  from  the  officer  who 
arrested  Kampf,  any  from  any  others  who  may  have  any 
knowledge  of  the  facts,  showing  all  the  circumstances  of 
Kampf's  arrest,  the  reason  for  his  arrest,  what  the  officer  saw 
or  knew  Kampf  to  have  done  warranting  his  arrest,  where  the 
arrest  was  made,  whether  at  the  West  Shore  station  or  the 
Central  station,  or  upon  the  track  of  either  road,  and  generally 
what  evidence  there  was  upon  which  to  convict  Kampf  had  he 
not  pleaded  guilty.  Also  all  the  proceedings  after  his  arrest 
by  the  magistrate's  affidavit  and  that  of  any  other  persons  who 
were  present  at  the  time  going  to  show  whether  or  not  Kampf 
had  a  fair  opportunity  to  defend  himself  or  was  sentenced 
without  proper  care  on  the  part  of  the  public  authorities ;  what 
complaint  or  protest  did  he  make  at  the  time;  also  what 
ground  there  is  for  complaint  that  he  was  unfairly  treated  at 
the  penitentiary  in  being  prevented  from  communicating  with 
his  friends.  The  governor  regrets  being  obliged  to  trouble 
you  further  with  this  case  but  there  does  not  seem  to  be  any 
other  convenient  way  of  getting  at  the  facts  and  it  is  very  de- 


IMPRISONMENT  OF  KAMPF  377 

sirable  that  they  should  be  very  fully  presented.  I  enclose  for 
your  information  a  copy  of  the  letter  and  documents  received 
from  the  Secretary  of  State. 

Very   respectfully 

WILLIAM  M.  GRIFFITH 

Private  Secretary 


STATE  OF  NEW  YORK 

Executive  Chamber 

Albany,  March  21,  1898 

Hon.  WILLIAM  R.  DAY,  Assistant  Secretary  of  State,  Wash- 
ington, D.  C.: 

DEAR  SIR:  Governor  Black  directs  me  to  acknowledge  the 
receipt  of  your  letter  of  the  i6th  instant  with  enclosures  re- 
lating to  the  case  of  Carl  Kristian  Emil  Kampf.  Before  re- 
plying further  the  Governor  desires  to  learn  more  fully  from 
the  magistrate  and  police  office  at  Fairport  some  of  the  cir- 
cumstances connected  with  Kampf  s  arrest.  He  hopes  to  do 
this  within  a  few  days  and  will  then  write  you  again. 
Very  respectfully 

WILLIAM  M.  GRIFFITH 

Private  Secretary 


378  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

STATE  OF  NEW  YORK 

Executive  Chamber 

Albany,  April  20,  1898 
Hon.  WILLIAM  R.  DAY,  Assistant  Secretary  of  State,  Wash- 

ington,  D.  C.: 

DEAR  SIR:  In  reply  to  your  letter  of  the  i6th  ultimo,  here- 
tofore acknowledged,  with  regard  to  the  case  of  Carl  Kristian 
Emil  Kampf,  Governor  Black  directs  me  to  say  that  he 
has  received  from  the  District  Attorney  of  Monroe  County 
several  affidavits  which  are  enclosed  and  which  show  what 
took  place  before  the  magistrate  by  whom  Kampf  was  com- 
mitted to  the  penitentiary  and  his  treatment  by  the  superin- 
tendent of  the  penitentiary  while  there.  The  district  attorney 
also  endeavored  to  procure  the  affidavit  of  the  officer  by  whom 
Kampf  was  arrested,  but  was  unable  to  do  so.  Governor 
Black  directs  me  to  say  further  that  upon  a  careful  examina- 
tion of  all  the  facts  he  is  clearly  of  the  opinion  that  there  is 
no  ground  whatever  for  Kampf's  claim  that  he  has  been 
unjustly  or  unfairly  treated  by  either  of  the  public  officers 
having  to  do  with  his  case.  The  Justice  appears  to  have  acted 
fairly  and  considerately  and  to  have  proceeded  with  all  proper 
caution  to  secure  to  Kampf  all  the  rights  of  a  person  charged 
with  a  criminal  offense.  Upon  being  asked  if  he  wished  to 
consult  counsel  he  expressly  declined  that  privilege,  and  after 
a  full  examination  had  been  made  to  him  of  the  charge  against 
him,  he  pleaded  guilty;  and  all  the  circumstances  go  to  show 
that  he  was  in  fact  guilty.  There  does  not  seem  to  be  any 


PASQUALE  Rossi  379 

cause  for  complaint  with  regard  to  his  treatment  at  the  peni- 
tentiary, the  same  rules  having  been  enforced  against  him 
as  are  enforced  against  all  prisoners  there.  By  inadvertence 
of  the  Justice  the  commitment  was  irregular  in  form,  but  that 
resulted  to  Kampf's  advantage,  enabling  him  to  gain  his  lib- 
erty before  the  expiration  of  his  sentence.  It  is  true  that 
Kampf's  statement  of  the  facts  is  not  in  harmony  with 
the  statement  made  by  the  magistrate  and  other  persons 
having  knowledge  of  the  case,  but  there  is  nothing  whatever 
to  corroborate  him,  and  the  weight  of  the  evidence  and  all  the 
circumstances  from  the  time  he  left  Chicago  for  New  York 
with  scarcely  any  provision  for  the  journey,  down  to  the  time 
he  was  arraigned  before  the  Justice,  are  decidedly  against 
him.  It  is  quite  clear  that  he  has  suffered  no  wrong,  and  has 
no  ground  for  complaint. 

Very   respectfully 

WILLIAM  M.  GRIFFITH 

Private  Secretary 


PASQUALE  ROSSI 

STATE  OF  NEW  YORK 

Executive  Chamber 

Albany,  February  I3th,  1897 

Hon.  RICHARD  OLNEY,  Secretary  of  State,  Washington,  D.  C.: 

DEAR  SIR:     Governor  Black  directs  me  to  acknowledge 

receipt  of  your  letter  of  the  loth  instant  with  enclosures  re- 


380     PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

lating  to  the  case  of  Pasquale  Rossi  charged  with  murder 
alleged  to  have  been  committed  in  Westchester  County  in 
•this  state  in  1887. 

The  district  attorney  of  Westchester  County  has  been  di- 
rected to  give  his  attention  to  he  case  at  once. 
Very  respectfully 

WILLIAM  M.  GRIFFITH 

Private  Secretary 


STATE  OF  NEW  YORK 

Executive  Chamber 

Albany,  April  5,  1897 

Hon.  W.  W.  ROCKHILL,  Assistant  Secretary  of  State,  Wash- 
ington, D.  C.: 

DEAR  SIR:  Governor  Black  is  in  receipt  of  your  letter  of 
the  second  instant  relating  to  the  case  of  Pasquale  Rossi,  and 
directs  me  to  reply  that  the  district  attorney  of  Westchester 
county  reports  that  he  has  no  knowledge  of  the  case;  that  he 
cannot  learn  that  a  charge  of  murder  was  ever  made  in  that 
county  against  Rossi,  and  he  is  not  in  possession  of  any  evi- 
dence to  show  that  Rossi  committed  the  crime. 
Very  respectfully 

WILLIAM  M.  GRIFFITH 

Private  Secretary 


PASQUALE  Rossi  381 

STATE  OF  NEW  YORK 

Executive  Chamber 

Albany,  June  10,  1897 

Hon.  WILLIAM  R.  DAY,  Assistant  Secretary  of  State,  Wash- 
ington, D.  C.: 

DEAR  SIR:  Governor  Black  is  in  receipt  of  your  letter  of 
the  7th  instant  with  enclosures  with  regard  to  the  case  of 
Giuseppe  Ricci  supposed  to  have  been  killed  by  Pasquale 
Rossi.  Directions  have  been  given  to  the  district  attorney  of 
Westchester  county  to  make  a  thorough  investigation  of  the 
case  and  to  procure  if  possible  copies  of  the  documents  men- 
tioned in  your  letter,  and  forward  them  to  this  office.  On 
receipt  of  the  same  the  Governor  will  have  them  transmitted 

to  you. 

Very   respectfully 

WILLIAM  M.  GRIFFITH 

Private  Secretary' 


STATE  OF  NEW  YORK 

Executive  Chamber 

Albany,  August  19,  1897 
Hon.  ALVEY  A.  ADEE,  Second  Assistant  Secretary  of  Stater 

Washington,  D.  C.: 

DEAR  SIR:     Governor  Black  directs  me  to  transmit  to  yotr 
copy  of  letters  received  to-day  from  the  district  attorney  of 
New  York  with  regard  to  the  case  of  Pasquale  Rossi. 
Very  respectfully 

WILLIAM  M.  GRIFFITH 

Private  Secretary 


382  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

THE  CLAIM  OF  MRS.  FISCHER 
STATE  OF  NEW  YORK 

Executive  Chamber 

Albany,  April  4,  1898 

Hon.  WILLIAM  R.  DAY,  Assistant  Secretary  of  State,  Wash- 
ington, D.  C.: 

DEAR  SIR:  Referring  to  your  letter  of  March  24th  with 
enclosures  relating  to  the  claim  of  Mrs.  Fischer,  a  Swiss 
citizen,  as  one  of  the  heirs  at  law  of  Charles  J.  Siegrist  de- 
ceased, Governor  Black  directs  me  to  say  that  he  has  received 
from  S.  Nelson  Sawyer,  County  Judge  and  Surrogate  of 
Wayne  County,  residing  at  Palmyra,  N.  Y.,  a  letter  stating 
briefly  the  condition  of  things  with  reference  to  the  estate  in 
question. 

It  appears  that  in  the  month  of  December,  1878,  one  Alois 
Siegrist  of  Newark,  N.  Y.,  a  brother  of  the  deceased,  was 
appointed  administrator.  The  petition  for  administration 
stated  that  the  entire  personal  property  did  not  exceed  six 
hundred  dollars.  In  August  1880  proceedings  were  instituted 
before  the  then  Surrogate  of  the  County  for  the  sale  of  the 
real  estate  of  the  deceased  for  the  payment  of  his  debts,  and  in 
January  1883  a  decree  was  made  directing  such  sale  and  es- 
tablishing the  validity  of  certain  debts  amounting  to  about 
$250.  The  real  estate  consisted  of  about  one-half  acre  of  land 
in  Newark.  No  further  proceedings  seem  to  have  been  had 
under  that  decree,  neither  has  any  inventory  of  the  personal 
property  been  filed.  Nothing  further  appears  to  have  been 


CLAIM  OF  MRS.  FISCHER  383 

done  until  some  time  in  1897  when  proceedings  were  insti- 
tuted by  August  Siegrist  of  Buffalo,  N.  Y.  to  compel  Alois 
Siegrist,  the  administrator,  to  make  a  settlement  of  the  estate, 
it  being  alleged  that  a  large  amount  of  property  belonging  to 
Charles  J.  Siegrist  at  the  time  of  his  death,  had  been  con- 
verted by  the  administrator  to  his  own  use;  but  before  any 
hearing  could  be  had  in  the  matter,  Alois  Siegrist  died  in 
December  1897,  and  Charles  W.  Siegrist  and  Emor  E.  Bur- 
leigh,  both  of  Newark,  were  appointed  administrators  de  bonis 
non  of  Charles  J.  Siegrist,  and  in  March  1898  they  filed  an 
inventory  stating  that  no  property  belonging  to  the  estate  had 
come  into  their  possession.  The  proceedings  which  had  been 
instituted  against  Alois  Siegrist  have  been  amended  so  as  to 
substitute  his  executors  in  his  place,  and  are  now  pending  be- 
fore Edward  H.  Kellogg,  the  District  Attorney  of  Wayne 
County  residing  at  Wolcott,  who  is  acting  as  Surrogate,  the 
Surrogate  of  the  county  having  before  his  election,  acted  as 
attorney  for  August  Siegrist.  The  persons  interested  in  the 
estate  ought  now  to  proceed  before  the  Acting  Surrogate  and 
show,  if  they  can,  that  Alois  Siegrist  misappropriated  property 
belonging  to  the  estate  of  Charles  J.  Siegrist,  and  take  such 
further  steps  as  may  be  necessary  to  recover  the  same. 

The  public  authorities  can  do  nothing  until  those  interested, 
move  in  the  matter.     Should  any  further  information  be  de- 
sired it  will  of  course  be  cheerfully  furnished. 
Very  respectfully 

WILLIAM  M.  GRIFFITH 

Priratc  Secretary 


384  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

PROTECTION  OF  SPANISH  SUBJECTS 
STATE  OF  NEW  YORK 

Executive  Chamber 

Albany,  May  2,  1898 
Hon.  J.  B.  MOORE,  Acting  Secretary  of  State,   Washington,. 

D.  C.: 
DEAR  SIR:     Governor  Black  directs  me  to  acknowledge  the 

receipt  of  your  letter  of  the  28th  ultimo  enclosing  copies  of 
correspondence  concerning  the  protection  of  Spanish  subjects 
in  the  United  States  by  the  diplomatic  and  consular  offices  of 
France  and  Austria-Hungary,  and  to  reply  that  he  has  in- 
formed the  Mayor  of  New  York  of  your  communication  and 
requested  him  to  give  notice  to  the  proper  officers.  The 
Governor  does  not  understand  from  your  letter  that  action 

ought  to  be  given  to  the  authorities  of  any  other  city,  but 

» 

will  of  course  cause  the  same  to  be  given  if  desired. 
Very  respectfully 

WILLIAM  M.  GRIFFITH 

Private  Secretary 


GREEKS  IN  NEW  YORK 
STATE  OF  NEW  YORK 

Executive  Chamber 

Albany,  May  7,  1897 

The  Honorable  SECRETARY  OF  STATE,  Washington,  D.  C.: 

SIR:     I  am  directed  by  the  Governor  to  acknowledge  the 
receipt  of  your  letter  of  the  5th  to  the  effect  that  the  Turkish 


GREEKS  IN  NEW  YORK  385 

Minister  has  orally  represented  to  the  Department  that  organ- 
ization of  Greeks,  with  arms  in  their  hands,  have  been  parading 
in  the  streets  of  New  York  threatening  Ottoman  subjects 
whenever  found. 

The  Governor  has  this  day  notified  the  Mayor  of  the  City 
of  New  York  to  this  effect  and  has  asked  for  information. 
Very  truly  yours 

WILLIAM  M.  GRIFFITH 

Private  Secretary 


STATE  OF  NEW  YORK 

Executive  Chamber 

Albany,  May  7,  1897 
Hon.  W.  L.  STRONG,  New  York  City: 

DEAR  SIR:  I  am  directed  by  the  Governor  to  send  you  a 
copy  herewith  of  a  letter  which  has  been  received  from  the 
Secretary  of  State  at  Washington,  D.  C.,  and  to  ask  you  to 
kindly  give  the  Governor  any  information  which  you  may 
have  upon  this  subject. 

The  letter  reads  as  follows: 

"  Department  of  State  Washington  May  5  1897 
His  Excellency  THE  GOVERNOR  OF  NEW  YORK,  Albany,  New 

York: 

SIR:  I  have  the  honor  to  state  that  the  Turkish  Minister 
has  orally  represented  to  the  Department  that  organization  of 
Greeks,  with  arms  in  their  hands,  have  been  parading  in  the 
streets  of  New  York  threatening  Ottoman  subjects  whenever 
found. 


386  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

Although  the  Department  regards  the  laws  of  the  State  of 
New  York  as  ample  for  the  suppression  of  all  lawlessness  and 
for  the  punishment  of  all  offenders  and  is  confident  that  you 
will  not  hesitate  to  enforce  them,  the  actual  case  arising,  it 
has  been  thought  prudent  to  thus  acquaint  you  with  the  state- 
ments of  Moustafa  Bey,  to  the  end  that  due  notice  may  be 
given  to  alleged  offenders  against  the  public  peace.  A  similar 
letter  will  be  addressed  to  His  Honor  the  Mayor  of  New  York 

city. 

Respectfully  yours, 

JOHN  SHERMAN." 

Very  truly  yours 

WILLIAM  M.  GRIFFITH 

Private  Secretary 


THE  FOSTER  CASE 

STATE  OF  NEW  YORK 

Executive  Chamber 

Albany,  August  3,  I 

Hon.  WILLIAM  R.  DAY,  Secretary  of  State,  Washington,  D.  C.: 
DEAR  SIR:  By  direction  of  Governor  Black  I  transmit  here- 
with a  copy  of  a  letter  received  from  the  district  attorney  of 
New  York  together  with  copies  of  the  enclosures  therein 
mentioned  relating  to  the  case  of  William  R.  Foster,  a  fugitive 
from  justice. 

In  his  letter,  the  district  attorney  suggests  that  proper  steps 
be  taken  to  secure  Foster's  arrest  and  detention  in  England, 


THE  FOSTER  CASE  387 

if  found  there,  and  Governor  Black  respectfully  requests  that 
this  may  be  done. 

Very  respectfully 

WILLIAM  M.  GRIFFITH 

Private  Secretary 


STATE  OF  NEW  YORK 

Executive  Chamber 

Albany,  February  24,  i 

Hon.  WILLIAM  R.  DAY,  Assistant  Secretary  of  State,  Wash- 
ington, D.  C.: 

DEAR  SIR:  Governor  Black  directs  me  to  acknowledge 
the  receipt  of  your  letter  of  the  i8th  instant  with  enclosure 
referring  to  the  extradition  of  William  R.  Foster  and  in  reply 
to  transmit  to  you  a  copy  of  a  letter  received  this  morning 
from  the  district  attorney  of  the  county  of  New  York.  Gov- 
ernor Black  respectfully  requests  that,  if  consistent,  you  act 
as  the  district  attorney  suggests. 

Very  respectfully 

WILLIAM  M.  GRIFFITH 

Private  Secretary 


388  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

THE  GERMAN  BARK  "MAGDALENE" 

STATE  OF  NEW  YORK 

Executive  Chamber 

Albany,  August  24,  1898 

The  Honorable  SECRETARY  OF  STATE,  Washington,  D.  C.: 

SIR:  By  direction  of  Governor  Black,  I  have  the  honor  to 
acknowledge  the  receipt  of  a  letter  from  you,  enclosing  a 
copy  of  the  note  from  the  German  Ambassador  at  Washing- 
ton, in  which  he  reports  that  the  German  bark  "  Magdalene  "" 
has  been  attached  in  the  port  of  New  York  for  the  sum  of 
$20,000  for  a  certain  claim,  and  that  the  local  authorities  have 
failed  to  notify  the  Imperial  Consul  General  at  New  York  of 
the  proceedings  as  required  by  the  Consular  Convention  of 
September  nth,  1871,  copies  of  which  are  enclosed. 

Governor  Black  directs  me  to  say  that  steps  will  be  immedi- 
ately taken  to  place  before  the  authorities  in  New  York  the 
contents  of  your  letter. 

Very  respectfully 

WILLIAM  M.  GRIFFITH 

Private  Secretary 


THE  GERMAN  BARK  "  MAGDALENE  "  389 

STATE  OF  NEW  YORK 

Executive  Chamber 

Albany,  August  25,  1898 

THOMAS  J.  DUNN,  Esq.,  Sheriff,  New  York  City: 

DEAR  SIR:  Governor  Black  has  received  from  the  State 
Department  at  Washington  a  letter  of  which  a  copy  together 
with  a  copy  of  the  enclosures  therein  referred  to  is  herewith 
transmitted  to  you. 

Complaint  is  made  by  the  German  Ambassador  that  the 
stipulation  of  the  Consular  Convention  of  December  n,  1871, 
between  the  United  States  and  Germany  have  not  been  ob- 
served in  certain  attachment  proceedings  in  the  city  of  New 
York  against  the  German  bark  Magdalene.  The  letter  does 
not  state  by  what  officer  the  attachment  was  levied,  but  as  it 
may  have  been  done  by  you  or  by  some  officer  under  your 
direction  Governor  Black  directs  me  to  call  your  attention 
particularly  to  the  matter  and  to  request  that  you  give  it  such 
attention  as  may  be  necessary. 

Very   respectfully 

WILLIAM  M.  GRIFFITH 

Private  Secretary 


STATE  OF  NEW  YORK 

Executive  Chamber 

Albany,  August  26,  1898. 
THOMAS  J.  DUNN,  Sheriff,  New  York  City: 

DEAR  SIR:     Governor  Black  has  received  from  the  State 
Department  at  Washington  a  letter,  of  which  a  copy,  together 


390  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

with  a  copy  of  the  letter  therein  referred  to,  is  herewith  trans- 
mitted to  you. 

You  will  observe  that  complaint  is  made  by  the  German 
Ambassador  that  the  stipulations  of  the  Consular  Convention 
of  December  n,  1871,  between  the  United  States  and  Ger- 
many, have  not  been  observed  in  certain  attachment  proceed- 
ings in  the  city  of  New  York  against  the  German  bark  "  Mag- 
dalene." The  letter  does  not  state  by  what  official  the  attach- 
ment was  levied. 

Will  you  kindly  give  us  any  information  which  you  may 
possess  upon  the  subject  in  order  that  such  information  may  be 
transmitted  to  the  Secretary  of  State  at  Washington? 
Very  respectfully 

WILLIAM  M.  GRIFFITH 

Private  Secretary 


STATE  OF  NEW  YORK 

Executive  Chamber 

Albany,  August  29,  1898 

The  Honorable  SECRETARY  OF  STATE,  Washington,  D.  C.: 

DEAR  SIR:  Permit  me  herewith  to  enclose  for  your  consid- 
eration a  copy  of  a  letter  received  this  day  from  Thomas  J. 
Dunn,  Sheriff  of  the  county  of  New  York,  in  reply  to  a  com- 
munication of  mine  calling  attention  to  the  seizure  of  the  Ger- 
man bark  "  Magdalene,"  referred  to  in  your  letter  of  a  recent 
date. 


WING  LEE  AT  BUFFALO  391 

You  will  observe  that  the  seizure  was  made  by  the  United 
States  Marshal,  who  I  think  is  under  Federal  control. 
Very  respectfully 

WILLIAM  M.  GRIFFITH 

Private  Secretary. 
Enclosure:     Copy  letter  from  Thomas  J.  Dunn. 


WING  LEE  AT  BUFFALO 

STATE  OF  NEW  YORK 

Executive  Chamber 

Albany,  August  26,  1898. 

The  Honorable  SECRETARY  OF  STATE,  Washington,  D.  C.: 

SIR:  By  direction  of  Governor  Black  I  have  the  honor 
to  acknowledge  herewith  receipt  of  your  letter  of  the  23rd 
inst.  with  a  copy  of  the  note  from  the  Chinese  Minister  at 
Washington  in  which  he  directs  the  Department's  attention 
to  the  case  of  one  Wing  Lee,  a  Chinese  subject,  residing  in 
Buffalo,  N.  Y.,  who  is  alleged  to  have  been  assaulted  and  suf- 
fered grievous  bodily  injury. 

The  Governor  will  have  an  investigation  instituted  imme- 
diately covering  that  matter. 

Very  respectfully 

WILLIAM  M.  GRIFFITH 

Private  Secretary. 


392  PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

STATE  OF  NEW  YORK 

Executive  Chamber 

Albany,  August  26,  1898. 

Hon.  DANIEL  J.  KENEFICK,  District  Attorney,  Buffalo,  N.  Y.: 
DEAR  SIR:     I  am  directed  by  the  Governor  to  enclose  here- 
with a  copy  of  a  letter  received  from  the  'Hon.  Secretary  of 
State  at  Washington  together  with  a  copy  of  the  note  of  the 
Secretary   of   State   from   the   Chinese   Minister  and   certain 
affidavits  in  the  matter  of  an  alleged  assault  on  one  Wing  Lee. 
You  will  observe  that  the  Secretary  of  State  requests  that 
you  cause  an  investigation  of  the  matter  to  be  made  and  ad- 
vise us  of  the  result. 

Very  truly  yours 

WILLIAM  M.  GRIFFITH 

Private  Secretary 


STATE  OF  NEW  YORK 

Executive  Chamber 

Albany,  September  30,  1898 

D.  J.  KENEFICK,  Esq.,  District  Attorney,  Buffalo,  N.  Y.: 

DEAR  SIR:  Governor  Black  has  received  some  further 
communication  with  regard  to  the  matter  of  the  alleged  as- 
sault on  Wing  Lee,  a  Chinese  launclryman,  which  has  been 
the  subject  of  previous  correspondence  with  you.  Will  you 
kindly  inform  the  Governor  what,  if  anything,  has  been  done 
in  the  matter. 

Very  respectfully 

WILLIAM  M.  GRIFFITH 

Private  Secretary 


WING  LEE  AT  BUFFALO  393 

STATE  OF  NEW  YORK 

Executive  Chamber 

Albany,  November  2,  1898 

DANIEL  J.  KENEFICK,  Esq.,  District  Attorney,  Buffalo,  N.  Y.: 
DEAR  SIR:  Your  letter  of  the  27th  ultimo  addressed  to 
Governor  Black  relating  to  the  case  of  Wing  Lee,  a  Chinese 
subject,  residing  in  Buffalo,  a'nd  enclosing  minutes  of  the 
testimony  of  witnesses  examined  by  you,  and  also  a  letter  writ- 
ten by  you  to  Mr.  Thomas  S.  King,  the  Police  Justice,  has 
been  received.  From  these  documents  it  appears  quite  clearly 
that  on  the  I5th  day  of  April  last  in  the  city  of  Buffalo  an  un- 
proviked  an  inexcusable  assault  was  made  upon  Wing  Lee 
whereby  he  received  painful  if  not  serious  injuries;  and  that 
when  he  undertook  in  the  manner  pointed  out  by  the  law  to 
bring  the  matter  to  the  attention  of  the  police  justice  no  proper 
attention  was  given  to  his  complaint;  the  hearing  provided 
in  such  cases  was  refused,  and  he  was  ejected  uncermoniously 
from  the  magistrate's  office.  There  does  not  appear  to  have 
been  the  slightest  excuse  of  justification  for  the  summarily 
disposing  of  this  case.  Nothing  in  your  letter  or  in  either  of 
the  accompanying  documents  distinguishes  it  from  that  of  any 
other  complaint  for  a  like  cause,  and  the  treatment  it  received 
at  the  hands  of  the  magistrate  seems  clearly  to  have  been  un- 
lawful, unjust  and  wholly  unwarranted  by  any  of  the  circum- 
stances connected  with  it.  The  Governor  is  unwilling  that  it 
should  so  remain.  The  case  has  become  of  international  con- 
cern, the  Chinese  Minister  having  called  the  attention  of  the 
State  Department  at  Washington  on  to  it;  and  the  good  name 
of  the  State  requires  that  it  should  be  taken  in  hand  at  once 


394     PUBLIC  PAPERS  OF  GOVERNOR  BLACK     , 

by  the  proper  public  authorities,  fully  and  fairly  examined  and 
perseveringly  prosecuted  until  ample  justice  is  meted  out  to 
every  person  connected  with  it.  The  Governor  trusts  that  you 
will  see  that  this  is  done  without  delay.  I  venture  to  suggest 
that,  as  the  police  justice  seems  to  have  to  some  extent  pre- 
judged the  case,  the  proceedings  be  instituted,  if  practicable, 
before  some  other  magistrate.  If  you  desire  to  make  use  of 
the  documents  sent  with  your  letter  I  will  return  them  to  you. 
Very  respectfully 

WILLIAM  M.  GRIFFTH 

Private  Secretary 


STATE  OF  NEW  YORK 
Executive  Chamber 

Albany,   November    16,    i 

DANIEL  J.  KENEFICK,  Esq.,  District  Attorney,  Buffalo,  N.  Y.: 
DEAR  SIR:  In  reply  to  your  letter  of  the  nth  instant  I  am 
directed  by  the  Governor  to  say  that  under  the  circumstances 
it  will  probably  answer  the  purpose  to  have  the  proper  pro- 
ceedings taken  before  the  Police  Justice.  The  Governor's 
only  desire  in  the  matter  is  to  have  such  steps  taken  as  will 
avoid  or  remove  all  cause  of  complaint  on  the  part  of  the 
Chinese  Minister  and  whatever  is  necessary  or  adequate  to 
that  end  ought  to  be  done. 

Very  respectfully 

WILLIAM  M.  GRIFFITH 

Private  Secretary 


WING  LEE  AT  BUFFALO  395 

STATE  OF  NEW  YORK 

Executive  Chamber 

Albany,  December  9,  1898. 

Hon.  JOHN  HAY,  Secretary  of  State,  Washington,  D.  C.: 

DEAR  SIR:  In  the  month  of  August  last  Governor  Black 
received  a  letter  from  the  Department  of  State,  together  with 
a  copy  of  a  note  from  the  Chinese  Minister,  calling  attention 
to  the  case  of  Wing  Lee,  a  Chinese  subject  residing  in  Buf- 
falo in  this  State,  who,  it  was  alleged,  had  been  assaulted  by 
persons  known  to  the  police  of  that  city,  but  had  not  been 
able  to  secure  the  punishment  of  the  guilty  parties  because  of 
the  refusal  and  neglect  of  the  authorities  to  bring  them  to  jus- 
tice. The  letter  was  promptly  acknowledged  and  pursuant 
thereto  the  district  attorney  of  Erie  county  was  directed  to  in- 
vestigate the  case  and  report  to  the  Governor.  On  receipt  of 
the  district  attorney's  report,  under  date  of  October  2.7,  (A 
copy  of  which  is  herewith  enclosed,  together  with  the  stenog- 
rapher's minutes  and  the  letter  of  the  police  justice,  referred 
to  by  him)  the  Governor  directed  him  to  cause  criminal  pro- 
ceedings to  be  instituted  against  the  persons  alleged  to 
have  committed  the  assault  and  to  prosecute  the  same  dili- 
gently until  justice  should  be  obtained;  and  that,  as  the  police 
justice  seemed  to  some  extent  to  have  prejudged  the  case, 
the  prosecution  be  had,  if  practicable,  before  some  other  mag- 
istrate. The  Governor  has  now  received  the  district  attorney's 
report  setting  forth  the  proceedings  taken  in  pursuance  of  the 
foregoing  directions,  a  copy  of  which  report,  under  date  of 
December  5th,  is  enclosed.  He  desires  me  to  say  that  the 


396      PUBLIC  PAPERS  OF  GOVERNOR  BLACK 

prosecution  appears  to  him  to  have  been  fairly  conducted  and 
he  knows  of  no  good  ground  for  dissenting  from  the  conclu- 
sion reached  by  the  jury.      He  will,  of  course,  be  pleased  to 
give  such  further  attention  to  the  matter  as  may  be  desired. 
Very  respectfully 

WILLIAM  M.  GRIFFITH 

Private  Secretary 


INDEX 


MESSAGES 

To  the  Legislature:  Year.  Page 

Annual 1897  5 

Annual 1898  210 

Objects  of  the  extraordinary  session 1898  298 

Recommending  certain  legislation  1898  311 

Relating  to  improvement  of  canals 1898  250 

Transmitting    statement    of    pardons,    commutations 

and   respites    1897  30 

Transmitting    statement    of    pardons,    commutations 

and  respites 1898  253 

Urging  provision  against  contingency  of  war...  1898  257 
Certifying  to  necessity  of  passage  of: 

A  supply  bill  (A.  I.  1031) 1898  256 

A  supply  bill  (A.  I.  1372) 1898  260 

A  supply  bill  (A.  1881) 1898  259 

Amending  the  Election  Law  (S.  I.  6) 1898  312 

Amending  the  Excise  Law  (A.  I.  795) 1897  31 

Amending  the  Greater  New  York  charter  (S.  I. 

1254) 1897  37 

Appropriation  bill  (A.  I.  1374) 1898  258 

Appropriation  bill  (A.  I.  1805) 1897  41 

Appropriation  for  the  military  of  the  State   (S. 

I.  3)  1898  309 

Appropriation  for  the  support  of  the  insane  (A. 

I.  1373)  1898  262 

Appropriation  for  expenses  of  government  (S. 

1729)  1897  35 

Appropriation  for  the  National  Guard  (A.  I. 

1375) 1898  261 

Creating  a  Metropolitan  Elections  District  (S. 

I.  4)  1898  310 

For  expenses  of  government  (A.  I.  1418) 1897  38 


398  INDEX. 

To  the  Legislature —  (Continued): 

Certifying  to  necessity  of  passage  of — (Continued).  Year.  Page. 

For  expenses  of  government  (A.  I.  1803) 1897  39 

For  the  support  of  the  insane  (A.  I.  1804) 1897  40 

Providing  for  the  cost  of  the  extraordinary  ses- 
sion (S.  I.  7) 1898  313 

Providing  for  the  voting  by  absentee  soldiers  (S. 

I-  5)   1898  311 

Relating  to  the  Grant  monument  (S.  I.  1237) 1897  33 

To  regulate  primary  elections  (S.  I.  659) 1898  255 

To  regulate  primary  elections  (A.  1819) 1898  254 

PROCLAMATIONS 

Appointing  a  day  of  Thanksgiving 1897  182 

Appointing  a  day  of  Thanksgiving 1898  315 

Convening  the  Legislature  in  extraordinary  session 1898  296 

Dedication  of  the  Grant  monument 1897  36 

Directing  abatement  of  public  nuisances  at  Barren  Island, 

Kings  county  1898  247 

Reward  for  the  arrest  of  Wallace  J.  Christian 1898  246 

ADDRESSES 

Inaugural 1897  333 

Army  of  the  Potomac,  Troy 1897  339 

Before    members    of    University    Convocation,     Senate 

chamber 1897  336 

County  fair,  Malone 1897  348 

County  fair,  Lowville 1897  348 

Dinner  Chamber  of  Commerce,  New  York  city 1897  352 

Dinner  New  England  Society,  Brooklyn 1897  356 

Dinner  New  England  Society,  New  York  city 1897  358 

Dinner  to  retiring  Chief  Judge  Andrews 1898  360 

Editors'  Association,  Buffalo   1898  362 

G.  A.  R.  camp-fire,  Buffalo 1897  341 

G.  A.  R.,  Buffalo 1897  343 

Hamilton  College,  Clinton   1897  349 

Reception  G.  A.  R..  Buffalo 1897  342 

Slate  fair.   Syracuse    1897  347 

Welcome  to  the  Columbia  Post  of  Chicago,  Buffalo 1897  341 


INDEX.  399 

CORRESPONDENCE  year.  Page. 

Adee,  Avery  A.,  Acting  Secretary  of  State,  Washington, 

D.  C,  relating  to  imprisonment  of  Carl  Kristian  Emile 

Kampf 1897  373 

Appleton,  Col.  Daniel,  Seventh  Regiment 1898  366 

Day,  William  R.,  Assistant  Secretary  of  State,  Washing- 
ton, D.  C.,  relating  to  claim  of  Mrs.  Fisher 1898  382 

Day,  William  R.,  Secretary  of  State,  Washington,  D.  C., 

relating  to  case  of  William  R.  Foster 1898  386 

District  Attorney  of  Kings  county,  notice  of  charges  and 

summons 1897  27 

District  Attorney  of  Kings  county,  order  dismissing 

charges 1897  184 

Hancock,  Theodore  E.,  Attorney-General,  relating  to 

canal  investigation  1898  370 

Moore,  J.  B.,  Acting  Secretary  of  State,  Washington,  D. 

C.,  relating  to  protection  of  Spanish  subjects 1898  384 

Olcott,  W.  M.  K..  declining  to  appoint  extraordinary 

criminal  term  189^  365 

Olney,  Richard,  Secretary  of  State,  Washington,  D.  C., 

relating  to  case  of  Pasquale  Rossi 1897  379 

Police  Commissioner,  New  York  city,  disapproval  of 

Mayor's  order  of  removal  from  office 1897  180 

Relating  to  case  of  Wing  Lee,  Buffalo 1898  391 

Relating  to  German  bark  "  Magdalene  " 1898  388 

Relating  to  Greeks  in  city  of  New  York 1897  384 

VETOES 
Appropriations  for: 

Items  in  supply  bill  (A.  2792) 1897  58 

Items  in  supply  bill  (A.  2793) 1897  67 

Items  in  supply  bill  (A.  1881) 1898  265 

Removal  of  canal  bridge  at  Sandy  Hill  (A.  347) 1897  32 

Omnibus  veto  —  list  of  bills  remaining  unsigned 1897  71 

Omnibus  veto  — list  of  bills  remaining  unsigned 1898  268 

Bills  not  approved  by  mayors  of  cities 1898  285 

Dudley  inheritance  tax  (A.  1522) 1897  50 


400  INDEX. 

Year.     Page. 

Railroads,  to  increase  number  of  Railroad  Commission- 
ers (S.  1445)  1897  49 

Relating  to  salaries  of  teachers  in  New  York  city  (S. 
1071) 1898  263. 

MISCELLANEOUS 

Designation  of  Justices  to  the  Appellate  Divisions  Su- 
preme Court: 

Justice  Bartlett,  Associate,  Second  Department 1897  190 

Justice  Goodrich,  Presiding,  Second  Department...  1897  3 

Justice  McLaughlin,  Associate,   First  Department..  1897  189 

Justice  McLennan,  Associate,  Fourth  Department. .  1898  317 

Justice  Parker,  Associate,  First  Department 1897  28 

Justice  Parker,  Associate,  First  Department 1897  29 

Justice  Parker,  Associate,  First  Department 1897  34 

Justice  Parker,  Associate,  First  Department 1897  48 

Justice  Woodward,  Associate,  Second  Department.  .  1897  191 
Justice  Van  Brunt,  Presiding,  First  Department....  1897  188 
Aldridge,  Geo.  W.,  order  relieving  him  as  Superintend- 
ent of  Public  Works 1898  318. 

Barnard,  Justice,  designated  to  Trial  Term,  First  District, 

Supreme  Court 1897  25,  193. 

Civil  service  —  memorandum  filed  with  approved  bill...  1897  42 

Dykeman,  Justice,  designated  to  Supreme  Court 1897  4,192: 

Extraordinary  Term,  Appellate  Division,  Third  Judicial 

Department,  at  Albany  1897  181 

Extraordinary  Special  Term  at  Canton,  appointment  of 

an 1897  133 

Extraordinary  Trial  Term  at  Long  Island  City,  appoint- 
ment of  an 1897  23 

Extraordinary  Trial  Term  at  Richmond,  appointment  of 

an 1898  297 

Extraordinary  Trial  Term  at  Richmond 1897  J86 

Hancock,  Theodore  E.,  order  directing  him  to  conduct 

prosecution  of  Morris  Jackson 1898  253 

List  of  bills  remaining  unsigned 1897  71 

List  of  bills  remaining  unsigned 1898  268- 


INDEX.  401 

Year. 

New  civil  service  rules  and  regulations 1897 

Platt,  Senator  Thomas  C,  certificate  of  election 1897 

Saxton,  Charles  T.,  designation  of,  as  Presiding  Judge 

Court  of  Claims    1897  209 

Statement  of  expenditures  out  of  the  $1,000,000  contin- 
gency fund 1898  307 

PARDONS 

Alwell,  Philip  1898  326 

Appel,  Sidney 1898  323 

Baird,  William  1898  322 

Baumert,  John  1897  197 

Branze,   Herman   1897  202 

Brogus,  George  C 1897  198. 

Burke,    Thomas    S 1898  324 

Cahill,   Louis   M 1897  201 

Callahan,  Michael  1898  325 

Clarke,  George  A 1897  199 

Cole,   Frederick  A 1898  326- 

Collins,  Daniel  1898  324. 

Collins,  Irving  1898  323 

Cohen,  Max   1897  200 

Cronin,  John 1898  326' 

Curry,  Edward  J 1898  322 

Darling,  Charles  1898  326 

Davis,  William  D 1898  323 

Donovan,   Daniel  T 1897  201 

Dormody,  John   1898  326' 

Dudgeon,    Hiram    1897  197 

Duvall,    George    E 1897  202 

Ellis,  Edwin  1897  198 

Fagan,  Mark 1897  200- 

Farreil,  John  1897  :99 

Fleming,    Fred 1898  325 

Fleming,  John   1898  321 

Folsom,   Edward   R 1897  198 

Genovese.  James   1897  200- 


4O2  INDEX. 

Year.  Page. 

Grant,  James 1897  199 

Greely,  Thomas  1898  325 

Hamilton.  Frederick  S 1898  324 

Harngan,  William   1898  321 

Heagens,  Charles   1897  198 

Herring,  Arthur  W 1897  198 

Horning,  John  1897  202 

Jacobs,  Edward 1898  323 

Judd,  George  M .  . : 1898  324 

Kennedy,  Daniel   1898  324 

Kennedy,  Frank 1897  200 

Keliher,  Martin  1897  202 

Kitching,  Frederick  M 1898  326 

Kittinger,  Martin  S 1898  321 

Kramer,  John  B 1897  202 

Lansing,   William   R 1898  326 

Lapan,  Lewis  1897  201 

Lieder,    David    1898  324 

McCabe,  Thomas  J 1897  201 

Mallison,   Clinton   H 1898  321 

Meyer,  Arthur   1897  200 

Mintz,  Joseph 1897  197 

Moncrief,  William    1898  322 

Mulkins,  George   1898  326 

Mulligan,  Edward  J 1897  198 

Munzberg,  Frederick  J 1898  325 

Murray,  Thomas  1897  199 

Nelson,   Albert   W 1897  200 

O'Donnell.   Michael   1898  325 

O'Grady,  James  1897  197 

O'Neill,  Frank  1898  322 

Ogle,   George  H 1898  325 

Pemberton,  Dennis 1898  325 

Penter,    Charles   A 1897  201 

Perotta.   Joe    1897  202 

Pomeroy,  Daniel  N 1898  321 

Purcell.  William    1897  198 


INDEX.  403 

Year.  Page. 

Rafity,  Owen   1897  200 

Renner,   Edwin    1897  197 

Rosano,  Guiseppe  1897  201 

Ryan,  Edward   1897  197 

Schmalzbach,  Albert  1897  201 

Schuman,  Walter   1898  322 

Semlik,  Joseph 1897  198. 

Sheffield,    Oscar    1897  197 

Smith,  Albert  H 1897  202 

Starace,    John    1898  323. 

Stillman,  Rufus  B 1898  321 

Toppenberg,  Peter  1897  199 

Thornton,  Joseph  1897  199 

Van  Brocklin,   Erie  0 1897  £00 

Vincent,  James  B 1898  322 

Waldron,  Robert  H 1897  201 

Wallace,  John 1898  324 

Warner,  James  H 1898  323 

Weinhill,  Augustus 1898  324 

Whitmore,   Theodore   S 1897  202 

Wicks,  Albert  P 1898  325 

Wissler,  Otto   1897  199 

Wynn,  Henry  G 1898  322 

Yarwicza,  Joseph 1898  322 

Zieres,  Charles  1898  323 

Zimmerman,  Alfred   1898  323 

COMMUTATIONS 

Barillo,   Diadora   1898  329 

Block,  Joseph 1898  329 

Cassin,   Henry    1897  204 

Gallagher,  Thomas  1897  204 

Goldberg,  Nathan 1897  204 

Gordon,   Louis   1898  328 

Graves,   Leon   1898  328 

Hughson,   Edward    1897  204 

Hutchins,  John  F 1897  203 


404 


INDEX. 


Year.  Page. 

Levy,   Henry    1898  328 

Lytle,    Frank    1897  203 

McDermott,   John    1897  2°4 

Mahoney,    Bartholomew    1898  328 

Mitchell,  Roselle  W 1898  327 

Post,   George  W 1898  327 

Reid,  James  G 1897  203 

Rourke,  William  J 1898  328 

Russo,  or  Rossa,  Michael   1898  327 

Webster,  Burton  C 1808  329 

Williams,  John    1898  327 

Youngs,   William    1897  203 

RESPITE 

Burgess,    Charles    1897  205 


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